Liaquat Ali Khan's contributions to the struggle for independence were numerous. After independence, he was thus the natural choice for the premiership. Liaquat Ali Khan was appointed as the first Prime Minister of Pakistan.
Being the first Prime Minister of the country, Liaquat Ali Khan had to deal with a number of difficulties that Pakistan faced in its early days. He helped Quaid-i-Azam in solving the riots and refugee problem and in setting up an effective administrative system for the country. He established the groundwork for Pakistan's foreign policy. He also took steps towards the formulation of the constitution. He presented The Objectives Resolution, a prelude to future constitutions, in the Legislative Assembly. The house passed it on March 12, 1949. It is considered to be the "Magna Carta" in Pakistan's constitutional history. Liaquat Ali Khan called it "the most important occasion in the life of this country, next in importance, only to the achievement of independence". Under his leadership a team also drafted the first report of the Basic Principle Committee and work began on the second report.
During his tenure, India and Pakistan agreed to resolve the dispute of Kashmir in a peaceful manner through the efforts of the United Nations. According to this agreement a ceasefire was affected in Kashmir in January 1948. It was decided that a free and impartial plebiscite would be held under the supervision of the
After the death of Quaid-i-Azam, he tried to fill the vacuum created by the departure of the Father of the Nation. The problem of religious minorities flared during late 1949 and early 1950, and it seemed as if India and Pakistan were about to fight their second war in the first three years of their independence. At this critical moment in the history of South Asia, Prime Minister Liaquat Ali Khan met Nehru to sign the Liaquat-Nehru Pact in 1950. The Liaquat-Nehru Pact was an effort on his part to improve relations and reduce tension between India and Pakistan. In May 1951, he visited the United States and set the course of Pakistan's foreign policy towards closer ties with the West. An important event during his premiership was the establishment of National Bank of Pakistan in November 1949, and the installation of a paper currency mill in Karachi.
Liaquat Ali Khan was unfortunately assassinated on October 16, 1951. Security forces immediately shot the assassin, who was later identified as Saad Akbar. The question of who was behind his murder is yet to be answered.
The government officially gave Liaquat Ali Khan the title of Shaheed-i-Millat.

Jinnah - Mountbatten Talks [1947]

The history of bilateral negotiations pertaining to Kashmir between the leaders of India and Pakistan at the state level can be traced back to November 1947. The meeting of the Joint Defense Council was scheduled at Delhi only four days after the occupation of Kashmir by the Indian forces. The venue of the meeting was changed from Delhi to Lahore. The Governor General and Prime Minister of the two countries were supposed to attend the meeting. However, to avoid direct talks with his Pakistani counterpart, Jawaharlal Nehru declared himself ill and his deputy, Sardar Patel, refused to come to Lahore, stating that there was nothing to discuss with the Pakistani leadership. This left Mountbatten alone in his visit to Pakistan.
Mountbatten came to Lahore on November 1, 1947, and had a three and a half hour long discussion with the Governor General of Pakistan. Mountbatten made an offer to the Quaid that India would hold a plebiscite in the state of Jammu and Kashmir, provided Pakistan withdrew the Azad Kashmiri forces and their allies. He also made it clear that the Indian forces would remain in the valley and Sheikh Abdullah in the chair. Quaid-i-Azam opposed the unjust plan and claimed that the State of Jammu and Kashmir, with its massive Muslim majority, belonged to Pakistan as an essential element in an incomplete partition process. He was also convinced that plebiscite under the supervision of Sheikh Abdullah and Indian regular army would be sabotaged.
Presenting his proposal, Quaid-i-Azam asked for the immediate and simultaneous withdrawal of both the Pathan tribesmen and the Indian troops. Afterwards, he suggested that the leaders of India and Pakistan should take control of the State of Jammu and Kashmir and sort out all matters including the arrangement of a free and fair plebiscite.
Quaid-i-Azam guaranteed his counterpart that the two of them would be able to solve the problem once and forever, if Mountbatten was ready to fly with him to Srinagar at once. As India was not interested in the immediate resolution of the problem and wanted to gain time, Mountbatten told the Quaid that unlike him, he was not the complete master of his country and had to take the consent of Nehru and Patel. Thus the talks ended and the problem remained unsolved.

Post Independence Problems

Pakistan was carved out in desperate urgency. It came into existence with horrible loss of life and property, and the migration of millions of dazed and destitute men, women, and children. The cost was heavy in terms of human suffering. But what the Muslims wanted and what they achieved was a homeland of their own. They now had the freedom to worship, practice their religious faith and develop their culture. Moreover, independence had opened up a bright future for the Muslims, who hoped for a better standard of living, economic development, prosperity and a fuller life.
But it seemed in those early years (1947-58) that the immense sacrifices might have been in vain for Pakistan had been struggling from one major crisis to another, fighting to ward off the multiple problems that threatened the nation.
The main problems were:
1. Refugees
2. Indus Water
3. Accession of Princely States

1. Refugees

It had been agreed between Jinnah and Nehru that a Boundary Commission should be setup to define the borders between India and Pakistan. The British Government immediately appointed a Boundary Commission under Sir Cyril Radcliffe to demarcate permanent borders.
The boundaries had to be defined as such that provinces, districts, and villages that were predominantly Muslim went to Pakistan, while Hindu majority areas went to India. Provinces like Baluchistan, Sindh, N. W. F. P. and East Bengal provided little difficulty. But deep problems arose when boundaries in Punjab had to be fixed; there were also a substantial number of Hindus and Sikhs residing in this region, other than the Muslims. However, the province was partitioned.
When the boundaries were drawn between India and Pakistan, it resulted in many tragic events. In an almost frantic, cruel rush, the commission divided districts, villages, farmlands, water and property. Thousands of innocent men, women and children were caught unaware. The result was that many hastened across the border, leaving their homes, land and personal property to seek refuge. Panic, fear, revenge and reprisals followed. Both India and Pakistan were soaked in blood. It left on Pakistan's doorstep, seven million refugees who had to be rehabilitated, clothed, fed and sheltered.
Partition also involved dividing of the assets of the Sub-continent. India, being the larger country, got the lion's share in all transactions, leaving Pakistan with minimal resources to survive and build on.
Equally disastrous was the economic situation. There were not sufficient skilled personnel to run the railways, hospitals and offices. There weren't enough chairs, tables or even stationery and paper pins for administrative purposes. Food was scarce. Pakistan had no industry.
At the time of partition, the cash balances of undivided India stood at about Rupees 4,000 million. At the beginning of December 1947, India and Pakistan mutually came to an agreement that Pakistan would get Rupees 750 million as her share. Rupees 200 million had been already paid to Pakistan while Rupees 550 million were to be paid immediately. But this amount was withheld on the plea that Pakistan would use it in the war going on in Kashmir. However, as this stand was morally untenable, the remaining amount was later on released after Gandhi's fast and under world pressure on January 15, 1948.
Soon afterwards, Sardar Patel threatened that the implementation of the agreement would depend upon the settlement of the Kashmir issue. But, it was upon Gandhi's request that the Reserved Bank of India paid Pakistan Rupees 500 million, retaining the balance of Rupees 50 million to adjust some trumped up claim against Pakistan

2. The Indus Water

The most explosive of Indo-Pakistan disputes was the question of sharing the waters of the Indus basin.
On April 1, 1948, India cut off the supply of water from the two headworks under her control. Fortunately, Eugene Black, President of the International Bank for Reconstruction and Development offered the offices of the Bank for the solution of the water problem in 1952. A solution acceptable to both governments was agreed upon in 1960 at the Indus Basin Development Fund Agreement at Karachi. This treaty is commonly known as the "Indus Water Treaty".
The treaty allowed for a transitional period of 10 to 13 years, after which the three eastern rivers would fall exclusively to India's share and the three western rivers to Pakistan. During the transitional period, Pakistan would construct a system of replacement works consisting of two dams, five barrages and seven link canals financed by the Indus Development Fund.

3.Accession of Princely States

Prior to partition, there existed in British India many semi-autonomous Princely states whose future had to be settled before Britain withdrew from India.
There were some 560 such states all over the Sub-continent. Some fell within Indian territory, others in Pakistan.
On July 25, 1947, Lord Louis Mountbatten (the last Viceroy of India) in his address to the Chamber of Princes advised them that in deciding the question of accession, they should take into consideration communal composition and the geographical location of their states. Nearly all the states accepted the reality of the situation and opted either for Pakistan or India accordingly. But there were four states, Junagadh, Hyderabad, Jodhpur and Kashmir, which defied the principle of partition.
I. Junagadh: The ruler of Junagadh was a Muslim but 80 percent of his subjects were Hindus. On September 15, 1947, the Nawab acceded to Pakistan, despite the fact that his state did not fall within the geographical grouping of Pakistan. India protested, stormed in her troops, and forcibly reversed the Nawab's decision and Junagadh became a part of India.
II. Hyderabad: Hyderabad, the second of the defiant states was the largest and richest in India. Its population was 85 percent Hindu but the ruler (Nizam) was a Muslim. He was reluctant to accede either to India or Pakistan but was dismissed by Mountbatten for adopting this course. The Nizam was forced by the Indian government and Lord Mountbatten to join India. A standstill agreement was concluded between India and Hyderabad. The Hindu subjects were incited to revolt against the Nizam's desire to be independent. The whole province suffered turmoil and violence. Hyderabad filed a compliant with the Security Council of the United Nations. Before the hearing could be started, Indian troops entered Hyderabad to "restore order", and under the pretext of "police action" Hyderabad was forced to join India. The Hyderabad army surrendered on September 17, 1948, and finally Hyderabad was annexed into the Indian Union.
III. Jodhpur: Yet another prince, the Maharaja of Jodhpur, expressed a wish to join Pakistan but Mountbatten warned him that his subjects were mostly Hindus and his accession to Pakistan would create problems. As a result Jodhpur, too, acceded to India.
IV. Kashmir: Please see "Kashmir Crisis".

Kashmir Crisis [1948]

Kashmir, the last of the defiant states, was the reverse of Hyderabad. It had a Hindu ruler, Maharaja Hari Singh, but his subjects were mostly Muslims, accounting to 78 percent of the total population. The Maharaja was reluctant to join either India or Pakistan. But Lord Mountbatten urged him to take a decision to join either of the states before August 15, 1947.
The Maharaja asked for more time to consider his decision. In the meantime he asked the Indian and the Pakistani government to sign a "standstill agreement" with him. Pakistan consented but India refused.
The local population of Poonch began to press the Maharaja to accede to Pakistan. In August 1947, they held a massive demonstration to protest against the Maharaja's indecisiveness. The Maharaja panicked. He asked his Hindu paratroopers to open fire, and within a matter of seconds, several hundred Muslims were killed. Rising up against this brutal action, a local barrister called Sardar Muhammad Ibrahim immediately set up the Azad Kashmir government and began to wage guerrilla warfare against the Maharaja.
By October 1947, the war of Kashmir had begun in earnest. The Pathan tribesmen from the North West Frontier Province, wanting to avenge the deaths of their brothers, invaded the valley. On reaching the valley of Kashmir, they defeated the Maharaja's troops and reached the gates of Srinagar, the capital.
The Maharaja sensing his defeat took refuge in Jammu whence he appealed to India to send troops to halt the onslaught of the tribesmen. India agreed on the condition that Kashmir would accede to India. On October 26, 1947, the Maharaja acceded to India. Lord Mountbatten accepted the accession on behalf of India.
On October 27, 1947, India began to airlift her troops to Srinagar, and launched a full-scale attack on the tribesmen. Pakistan was stunned. Despite her scant military resources, Pakistan was prepared to send in her troops but the British General Gracey, Commander-in-Chief of the Pakistan Army, was against it. Jinnah proposed an immediate ceasefire and later on a fair and free plebiscite in Jammu and Kashmir.
In January 1948, India took the dispute to the Security Council. There it accused Pakistan of aggression and demanded that Pakistan withdraw her tribesmen. But Pakistan held that the accession of Kashmir had been brought about by force. The government requested the Security Council to arrange a cease-fire and asked both the tribesmen and the Indian troops to withdraw so that a free and impartial plebiscite could be held to ascertain the wishes of the people of Kashmir.
While the Kashmir issue was still on the table, the Indian troops launched a full-scale attack and drove the tribesmen right back to the Pakistani border.
Pakistan rushed her regular troops into Kashmir and a full-scale war with India ensued. She took control of the Azad Kashmir Army. But the Security Council on August 13, 1948, called for an immediate ceasefire, the withdrawal of all Pakistani and Indian troops and holding of plebiscite under United Nations' supervision. Both the Indian and Pakistani governments accepted the resolution.
In January 1949, the resolution began to be implemented. In July 1949, the ceasefire line was demarcated. Pakistan's side of Kashmir consisted of some parts of Jammu, Poonch, some areas of Western Kashmir, Gilgit, and a great chunk of Ladakh territory near the Chinese border in the North. India kept the valley of Kashmir, Jammu and the remainder of Ladakh territory near the Tibet border.
The cease-fire has remained in existence since 1949. No plebiscite has been held and thus the Kashmir issue still remains disputed and unresolved.

Jinnah Passes Away [1948]

Quaid-i-Azam had been ailing since long before Independence. By the time of Independence, he was quite an old man but still possessing a strong spirit. He hid the debilitating weakness caused by severely advanced tuberculosis. Researchers like Professor Stanley Wolpert believed that by the end, cancer had developed as well. Quaid-i-Azam was convinced that if word of illness leaked out, his opponents would make the most of it. He denied his illness even to himself and remained intent and unflinching so as to achieve the dream of millions of Muslims. He worked almost 24 hours a day and always preferred performing his national obligations to his own ailment.
At the time of independence, he was worn out by his intense struggle and opted to take the position of Governor General instead of that of Prime Minister. It had been proposed that the last Viceroy of India, Lord Mountbatten, be allowed to continue as a joint Governor General of both Pakistan and India. Quaid-i-Azam refused to accept this proposal as he felt that a joint Governor General would not be able to do justice to both the countries. He firmly believed that since Pakistan was a sovereign state, it must be sovereign in all respects with its own executive and government.
By this time, both aging and illness had mounted a terrible toll upon the Quaid. Although the flame still burnt bright, it was now at the cost of his own life. His physicians regularly advised him to take care of his health and to ease back on his work. But he never cared for it and kept on working hard day and night.
After the establishment of Pakistan, India created numerous problems. The refugee problem, the withholding of Pakistani assets by India, and the Kashmir problem were a real test for the Quaid. However, his indomitable will prevailed. He also worked out a sound economic policy, established an independent currency and the State Bank of Pakistan. He selected Karachi as the federal capital. His health deteriorated to such an extent, that he had to go to Ziarat for the restoration of his health. Despite the warning from his physicians, he went to Karachi to inaugurate the State Bank of Pakistan. This was his last public appearance.
His sickness grew more serious until his death on September 11, 1948. He was buried in Karachi amidst the tears of the entire nation mourning an irreparable loss.

Khawaja Nazimuddin Becomes Governor General [1948-1951]

After Pakistan came into being on August 14, 1947, Nazimuddin was appointed the first Chief Minister of the Province of East Bengal. When the founder of Pakistan, Quaid-i-Azam, Muhammad Ali Jinnah died on September 11, 1948, Nazimuddin was appointed as the second Governor General of Pakistan.

Objectives Resolution is passed [1949]

The history of formulation of the constitution of Pakistan begins with the Lahore Resolution in 1940. It was here
that the idea of Pakistan, a separate homeland for the Muslims of India, was first outlined. It came to be known as the Pakistan Resolution.
On June 3, 1947, the British Government accepted in principle the partition of India in order to create two independent dominions of Pakistan and India. The British Parliament passed the Indian Independence Act on July 18, 1947. Accordingly, the new state of Pakistan came into being on August 14, 1947. This new state was formed of East Bengal, a part of Assam (Sylhet), West Punjab, Sindh, N. W. F. P. and Baluchistan provinces of undivided India.
Under Section 8 of the Indian Independence Act of 1947, the Government of India Act of 1935 became, with certain adaptations, the working constitution of Pakistan.
However, the Quaid's aim was the establishment of a truly Islamic society. As a result, a Constituent Assembly was set up under the Independence Act. The Constituent Assembly had a dual purpose; to draft the constitution of Pakistan and to act as a legislative body till the new constitution was passed and enforced

Objectives Resolution

On March 12, 1949, the Constituent Assembly adopted a resolution moved by Liaquat Ali Khan, the then Prime Minister of Pakistan. It was called the Objectives Resolution. It proclaimed that the future constitution of Pakistan would not be modeled on European pattern, but on the ideology and democratic faith of Islam.
The Objectives Resolution, which is considered to be the "Magna Carta" of Pakistan's constitutional history, proclaimed the following principles:
1. Sovereignty belongs to Allah alone but He has delegated it to the State of Pakistan through its people for being exercised within the limits prescribed by Him as a sacred trust.
2. The State shall exercise its powers and authority through the chosen representatives of the people.
3. The principles of democracy, freedom, equality, tolerance and social justice, as enunciated by Islam, shall be fully observed.
4. Muslims shall be enabled to order their lives in the individual and collective spheres in accordance with the teachings of Islam as set out in the Holy Quran and Sunnah.
5. Adequate provision shall be made for the minorities to freely profess and practice their religions and develop their cultures.
6. Pakistan shall be a federation.
7. Fundamental rights shall be guaranteed.
8. Judiciary shall be independent.
The Objectives Resolution is one of the most important and illuminating documents in the constitutional history of Pakistan. At the time it was passed, Mr. Liaquat Ali Khan called it "the most important occasion in the life of this country, next in importance only to the achievement of independence".
The importance of this document lies in the fact that it combines the good features of Western and Islamic democracy. It is a happy blend of modernism and Islam. The Objectives Resolution became a part of the constitution of Pakistan in 1985 under the Eighth Amendment.

Basic Principles Committee [1949-1952]

After the Objectives Resolution was passed in 1949, the Constitution Assembly set up a number of committees to draw the future constitution on the basis of the principles given in the Objectives Resolution. The most important among those committees was the Basic Principles Committee set up on March 12, 1949, by Khawaja Nazimuddin on the advice of Prime Minister Liaquat Ali Khan.
The main function of this committee was to determine the basic principles of the future Constitution of Pakistan. The committee comprised 24 members. Maulvi Tamiz-ud-din Khan headed it and Liaquat Ali Khan was its Vice President. The committee presented its interim report to the Legislative Assembly in 1950. This was a short document presenting the guidelines and principles of the future Constitution of Pakistan.
Representatives of East Pakistan raised objections against the report. The main criticism was against the quantum representation in the Central Legislature. East Pakistan, with a majority of the population, was given an equal number of seats in the Upper House as West Pakistan, thus reducing the representation of the majority of the population in Pakistan by one-fifth. East Pakistan representatives also did not like Urdu being declared as the only national language of Pakistan.
Liaquat Ali Khan agreed to consider the objections with an open mind. He, therefore, postponed the deliberation of the Constituent Assembly in order to enable the Basic Principles Committee to examine and consider suggestions that might be made by the people regarding the principles of the Constitution. In order to include public opinion, Liaquat Ali Khan called forth general comments and suggestions by the public on the report. A large number of proposals and suggestions were sent by the public, which were examined by a special subcommittee headed by Sardar Abdur Rab Nishtar. The setting up of the committee was a right and commendable step, but its working was immensely affected by the assassination of Liaquat Ali Khan. The subcommittee, however, gave its report to the Basic Principles Committee in July 1952, which was presented by Khawaja Nazimuddin in the National
According to the Basic Principles Committee Report, the head of the state was to be a Muslim, elected by a joint session with the majority vote of the Central Legislature for a period of five years. The Prime Minister was to be appointed by the head of the state. The Central Legislature was to consist of two houses: the House of Units with 120 members and the House of People with 400 members. There were to be three lists of subjects for the division of power between the Federation and the Units. Adult franchise was introduced. The judiciary was to be headed by the Supreme Court of Pakistan consisting of a Chief Justice and two to six other judges. The Chief Justice was to be appointed by the head of state. There was to be a High Court for each of the units of East Pakistan, Punjab, Sindh Baluchistan and the N. W. F. P. A Board of Ulema was to be set up by the head of state and provincial governors. The Board of Ulema was to examine the law making process to ensure that no law was passed that went against the principles of the Quran and Sunnah. The Objectives Resolution was adopted as a preamble to the proposed Constitution.
The Basic Principles Committee's report was severely criticized and raised much bitterness between East and West Pakistan. The Prime Minister, Khawaja Nazimuddin, however, welcomed the report and commended it as a valuable document according to the aspirations of the people of Pakistan. But the fact was that the nation was not satisfied with the report and hence there was a serious deadlock in making of the constitution.

Liaquat-Nehru Pact 1950

At the time of independence, many communal riots broke out in different areas of India and Pakistan. These riots had a great impact on the status of minorities in the two nations. Due to brutal killings by the majority community, a huge number of Muslims migrated from India, and Hindus and Sikhs from Pakistan. Yet, the mass migration failed to solve the minority problem. Even after the migration, almost half of the Muslims living in the Sub-continent were left in India and a sizable number of Hindus in Pakistan. Those who were left behind were unable to become an integral part of the societies they were living in. The people and government of their countries looked upon them as suspects. They were unable to assure their countrymen of their loyalty.
This problem escalated during the late 40's and early 50's. It seemed as if India and Pakistan were about to fight their second war in the first three years of their independence. At this critical juncture in the history of South Asia, Prime Minister of Pakistan, Liaquat Ali Khan issued a statement emphasizing the need to reach a solution to the problem. He also proposed a meeting with his Indian counterpart to determine how to put an end to the communal riots and the fear of war.
The two Prime Ministers met in Delhi on April 2, 1950, and discussed the matter in detail. The meeting lasted for six long days. On April 8, the two leaders signed an agreement, which was later entitled as Liaquat-Nehru Pact. This pact provided a 'bill of rights' for the minorities of India and Pakistan. Its aim was to address the following three issues:
1. To alleviate the fears of the religious minorities on both sides.
2. To elevate communal peace.
3. To create an atmosphere in which the two countries could resolve their other differences.
According to the agreement, the governments of India and Pakistan solemnly agreed that each shall ensure, to the minorities throughout its territories, complete equality of citizenship, irrespective of religion; a full sense of security in respect of life, culture, property and personal honor.
It also guaranteed fundamental human rights of the minorities, such as freedom of movement, speech, occupation and worship. The pact also provided for the minorities to participate in the public life of their country, to hold political or other offices and to serve in their country's civil and armed forces.
The Liaquat-Nehru Pact provided for the mechanism to deal with oppressive elements with an iron hand. Both the governments decided to set up minority commissions in their countries with the aim of observing and reporting on the implementation of the pact, to ensure that no one breaches the pact and to make recommendations to guarantee its enforcement. Both Minority Commissions were to be headed by a provincial minister and were to have Hindu and Muslim members among its ranks. India and Pakistan also agreed to include representatives of the minority community in the cabinet of the two Bengals, and decided to depute two central ministers, one from each government, to remain in the affected areas for such period as might be necessary. Both the leaders emphasized that the loyalty of the minorities should be reserved for the state in which they were living and for the solution of their problems they should look forward to the government of the country they were living in.
This pact was broadly acknowledged as an optimistic beginning to improve relations between India and Pakistan.

Khawaja Nazimuddin becomes Prime Minister [1951-1953]

Under Quaid-i-Azam's constitutional framework, executive powers lay with the Prime Minister. When Liaquat Ali Khan was assassinated on October 16, 1951, Khawaja Nazimuddin, who was the Governor General at that time, took over as the second Prime Minister of Pakistan. Ghulam Muhammad, who had been Finance Minister since the inception of Pakistan, was elevated to the post of Governor General.
It was under Prime Minister Khawaja Nazimuddin that the second draft of the Basic Principles Committee was presented to the Constituent Assembly on December 22, 1952. He remained in power till April 1953 when Ghulam Muhammad removed him from the office. Khawaja Nazimuddin's downfall was not only due to his meekness of character, but also due to the power struggle amongst the various leaders. The movement for Tahaffuz-i-Khatam-i-Nabuwat and the worsening food condition in Punjab caused a lot of trouble for Khawaja Nazimuddin.
The anti-Ahmadiya movement was started in Punjab by the Ahrar and had the support of Mian Mumtaz Daultana, the Chief Minister of Punjab. This movement soon spread to other parts of the country. There were widespread disturbances and the situation in the country soon worsened to the brink of anarchy and civil war. Imposition of Martial Law became imminent. Khawaja Nazimuddin was summoned by the Governor General along with his Cabinet and ordered to resign. Khawaja Nazimuddin declined but was dismissed by Malik Ghulam Muhammad on April 17, 1953. After the dismissal of Khawaja Nazimuddin, the Governor General appointed Muhammad Ali Bogra, an unknown person from East Pakistan, as the Prime Minister.
Most historians agree that the removal of Khawaja Nazimuddin was improper, undemocratic and objectionable because the Prime Minister still enjoyed the confidence of the Parliament. This act set an unhealthy tradition and precedent for the future Presidents who were fond of removing elected governments, thus creating continued instability in the country.

Ghulam Muhammad becomes Governor General [1951]

When Khawaja Nazimuddin took over as Prime Minister in 1951, Ghulam Muhammad was appointed as the Governor General. After coming to power, Ghulam Muhammad wanted to change the status quo of executive powers. To this end, in an undemocratic move, he dismissed the Prime Minister, Khawaja Nazimuddin in April 1953.
After dismissing Khawaja Nazimuddin, the Governor General appointed a rather unknown leader from East Pakistan, Muhammad Ali Bogra, as the Prime Minister. Ghulam Muhammad had also dissolved the Constituent Assembly although the Assembly had accomplished the task of framing the Constitution, and all obstacles in the way of its promulgation had been removed. After coming to power, Bogra declared that the making of the Constitution was one of his primary targets. He worked hard towards accomplishing this task and within six months of assuming power, came out with a constitutional formula known as the Bogra Formula. The Bogra Formula was presented before the Constituent Assembly of Pakistan on October 7, 1953.
A committee was set up to draft the constitution according to the approval of the Constituent Assembly. However, before the constitution could be finalized, Ghulam Muhammad dissolved the Assembly. The Prime Minster, Muhammad Ali Bogra was allowed to continue in office with a new cabinet. This move was apparently to counter a bill passed in the Assembly curtailing the powers of the Governor General. Muhammad Ali Bogra was sworn in again as the Prime Minister and it was promised that fresh elections would be held later on.
Malik Ghulam Muhammad was forced to retire from the post of Governor General due to his failing health and Major General Iskander Mirza, the Minister of Interior, took over the office. Although the expulsion of Ghulam Muhammad from power seemed necessary, yet his successor, Iskander Mirza proved to be a greater menace for the country.

Muhammad Ali Bogra becomes Prime Minister [1953]

Khawaja Nazimuddin was dismissed by the Governor General, Malik Ghulam Muhammad, on April 17, 1953, and replaced by Muhammad Ali Bogra. Bogra was then the Pakistani Ambassador to the United States. After coming to power, he set a new precedent of inviting the Commander-in-Chief of the Pakistan Army to become the Defense Minister.
Governor General Ghulam Muhammad had dissolved the Constituent Assembly although the Assembly had accomplished the task of framing the Constitution and all obstacles in the way of its promulgation were removed. After coming to power, Prime Minister Muhammad Ali Bogra declared that the making of the Constitution was one of his primary targets. He worked hard towards accomplishing this task and within six months of assuming power, he came out with a constitutional formula. His constitutional proposal is know as the Bogra Formula and was presented before the Constituent Assembly of Pakistan on October 7, 1953.
Unlike the two reports of the Basic Principle Committee, the Bogra Formula was appreciated by different sections of the society. There was great enthusiasm amongst the masses as they considered it a plan that could bridge the gulf between the two wings of Pakistan and would act as a source of unity for the country. The proposal was discussed in the Constituent Assembly for 13 days. On November 14, 1953, a committee was set up to draft the constitution according to the approval of the Constituent Assembly. However, before the constitution could be finalized, Ghulam Muhammad dissolved the Assembly. The Prime Minster, Muhammad Ali Bogra, was allowed to continue in office with a new cabinet. This move was apparently to counter a bill curtailing the power of the Governor General. Muhammad Ali Bogra was sworn in again as the Prime Minster on October 26, 1954. The new government promised fresh elections.
Muhammad Ali Bogra as Prime Minister of Pakistan worked hard for the settlement of the Kashmir issue. He urged Nehru to settle the Kashmir dispute in order to promote friendly relations between the two countries. Due to his strenuous efforts, the Prime Ministers of both the countries met numerous times in London and Karachi. Letters and telegrams were also exchanged between the leaders of the two countries. As a result of his efforts, Pandit Nehru agreed to hold a free and fair plebiscite in Kashmir. However, in May 1954, the news of American military aid to Pakistan gave Pandit Nehru an excuse to go back on his commitments to hold referendum in Kashmir. Thus Bogra was unable to solve the Kashmir problem. It was during the tenure of Muhammad Ali Bogra that Pakistan joined C. E. N. T. O. and S. E. A. T. O. In August 1955, the Governor General was forced to resign due to ill health and Major General Iskander Mirza was made the acting Governor General. The acting Governor General also dismissed Muhammad Ali Bogra on August 8, 1955.

Bogra - Nehru Negotiations

Muhammad Ali Bogra became the Prime Minister of Pakistan in April 1953. He made an impassioned appeal to Pandit Nehru to settle all outstanding disputes between the two countries. Addressing the parliament he said, "I consider that the maintenance of peace and establishment of friendly relations between India and Pakistan are essential to the peace and stability of Asia". He stressed the need for the settlement of Kashmir issue without which permanent peace or friendship in the Sub-continent was not possible.
Due to his efforts, the two Prime Ministers met informally in London in June 1953, on the occasion of the Commonwealth Prime Ministers Conference, and again the following month in Karachi. Muhammad Ali urged Nehru to realize the desirability of settling the Kashmir dispute, thus promoting friendly relations between the two countries. Nehru was ready to talk on everything, including philosophy and ethics, but not on Kashmir. Bogra seemed impressed by Nehru's charm and started calling him "elder brother", but as far as the Kashmir dispute was concerned, the progress was not nearer to any solution.
The Indian government had to face an uprising in Kashmir in 1953, which they crushed by force. This caused widespread anger and concern in Pakistan. Bogra dashed to New Delhi to confer with Nehru, who at first did not like the idea of meeting him, as "the affairs in Kashmir were no concern of Pakistan". However, they finally met in August 1953. This resulted in a statement that stressed the following points:
1. It was their opinion that this dispute would be settled in accordance with the wishes of Kashmiris by a fair and impartial plebiscite.
2. The plebiscite administrator should be appointed by the end of April 1954.
3. The preliminary issues that had so far held up progress towards a plebiscite should be decided and actions in implementation thereof should be taken, and with this object in view, committees of military and other experts should be appointed to advise the two Prime Ministers.
4. Progress could only be made in this direction if there was an atmosphere of peace and cooperation between the two countries.
The Delhi meeting was followed by an exchange of letters between the two Prime Ministers. It is said that 27 letters and telegrams were exchanged between August 10, 1953, and September 21, 1954. However, in May 1954, the news of American military aid to Pakistan was published, which gave Pandit Nehru an excuse to go back on his commitments to hold a free vote in Kashmir. Muhammad Ali pointed out the strength of India, and the fact that India was spending three times as much as Pakistan on its armed forces. He warned that a war might engulf the entire Sub-continent. But Nehru's objections to military aid to Pakistan dominated the correspondence and ultimately wrecked the direct talks with Bogra, which had started with great hope.
Muhammad Ali Bogra soon became convinced that all his efforts for a peaceful settlement of the Kashmir dispute were in vain. In his letter on September 21, 1954, he wrote, "It is with profound regret that I have been led to the conclusion that our talks regarding Kashmir have failed." However he concluded his letter with the words, "I hope and pray that the conscience and wisdom of men may yet perceive the great injustice and dangers inherent in the continuance of this disastrous dispute."

Bogra Formula

While taking charge as Prime Minister, Muhammad Ali Bogra declared that formulation of the Constitution was his primary target. He worked hard on this project and within six months of assuming power, came out with a constitutional formula. His constitutional proposal, known as the Bogra Formula, was presented before the Constituent Assembly of Pakistan on October 7, 1953. The plan proposed for a Bicameral Legislature with equal representation for all the five provinces of the country in the Upper House. A total of 50 seats were reserved for the Upper House. The 300 seats for the Lower House were to be allocated to the provinces on the basis of proportionate representation. One hundred and sixty five seats were reserved for East Pakistan, 75 for Punjab, 19 for Sindh and Khairpur, 24 for N. W. F. P., tribal areas and the states located in N. W. F. P., and 17 for Baluchistan, Baluchistan States Union, Bhawalpur and Karachi.
In this way East Pakistan was given more seats in the Lower House than the combined number of seats reserved for the federal capital, the four provinces and the princely states of the Western Wing. So in all, both the wings were to have 175 seats each in the two houses of the Legislative Assembly. Both the houses were given equal power, and in case of a conflict between the two houses, the issue was to be presented before a joint session.
In order to prevent permanent domination by any wing, a provision was made that if the head of the state was from West Pakistan, the Prime Minister was to be from East Pakistan, and vice versa. The two houses of the Legislative Assembly formed the Electoral College for the presidential elections and the President was to be elected for a term of 5 years. In place of the Board of Ulema, the Supreme Court was given the power to decide if a law was in accordance with the basic teachings of the Holy Quran and Sunnah or not.
Unlike the two reports of the Basic Principles Committee, the Bogra Formula was appreciated by different sections of the society. There was great enthusiasm amongst the masses as they considered it as a plan that could bridge the gulf between the two wings of Pakistan and would act as a source of unity for the country. The proposal was discussed in the Constituent Assembly for 13 days, and a committee was set to draft the constitution on November 14, 1953. However, before the constitution could be finalized, the Assembly was dissolved by Ghulam Muhammad, the then Governor General of Pakistan

Chaudhry Muhammad Ali Becomes Prime Minister [1955]

On October 24, 1954, Malik Ghulam Muhammad dissolved the Constituent Assembly of Muhammad Ali Bogra on the grounds that it had "lost the confidence of the people", and declared a state of emergency in the country. Muhammad Ali Bogra, however, remained as the Prime Minister, since he was again invited to form a cabinet known as the Ministry of Talents. On August 8, 1955, he was dismissed by the acting Governor General, Major General Iskander Mirza in the absence of Malik Ghulam Muhammad, who had gone on a temporary leave and was also subsequently forced to resign due to his ill health. Chaudhry Muhammad Ali was appointed as the new Prime Minister on August 11, 1955.
Chaudhry Muhammad Ali's greatest achievement was framing the Constitution of 1956 and its approval by the Constituent Assembly. The entire country with great joy and enthusiasm celebrated the promulgation of this Constitution on March 23, 1956. The 1956 Constitution was Islamic and democratic in character, acceptable to people of all parts of the country, and had the blessings of almost all schools of thought.
Chaudhry Muhammad Ali, however, could not come up to the bargaining and the deals necessary to reconcile the various interest groups into accepting the One Unit and the adoption of the Constitution. He proved to be a poor politician who failed to control his own party. This ultimately led to his downfall. His greatest blunder was the selection of Dr. Khan Sahib as Chief Minister of the Unified Province of West Pakistan, despite the opposition of the Muslim League. Dr. Khan Sahib was an old Congressman who had opposed the creation of Pakistan, therefore the Muslim League opposed his appointment. Dr. Khan Sahib, however, enjoyed the support of the President Iskander Mirza. He dropped Muslim League members from his cabinet, and by bringing the dissident Muslim Leaguers and other supporters, formed his own party, the Republican Party.
In the Central Government, the Muslim League shared power as a major component of the coalition without being in office in any province. The Republican Party kept growing in number and claimed to be the single largest party in the National Assembly. Prime Minister Chaudhry Muhammad Ali was urged by the Muslim League to act against the West Pakistan Ministry. Chaudhry Muhammad Ali believed that as a Prime Minister, his actions should be governed by the good of the country and not by the resolution of any party. He believed that he was responsible only to the Cabinet and the Parliament. Thus, he refused the demands of the Muslim League. Disgusted with the scenario, Chaudhry Muhammad Ali resigned as a Prime Minister on September 8, 1956, also resigning from his membership of the Muslim League at the same time. His decision to resign of his own accord is considered as a unique example of political decorum in the history of Pakistan.

Iskander Mirza Becomes Governor General [1955]

In August 1955, Major General Iskander Mirza took over as Governor General when Ghulam Muhammad became too ill to continue. He was confirmed as the fourth Governor General of Pakistan on October 4, 1955.
Iskander Mirza was a civil servant and it is widely believed that he lacked the parliamentary spirit. He was of the view that democratic institutions could not flourish in Pakistan due to lack of training in the field of democracy and low literacy rate of the masses. He wanted a controlled democracy for Pakistan with more powers for the civil bureaucracy. He thought that politicians should be given the power to make policy but not allowed to interfere in administration. Iskander Mirza was also a great advocate of the One Unit scheme and it was under his rule that all the four provinces and the states of West Pakistan were merged into one unit in October 1955.
It was during his tenure that Chaudhry Muhammad Ali presented the 1956 Constitution and Iskander Mirza was elected the first President of Pakistan.

West Pakistan Established as One Unit [1955]

Even after eight years of existence, Pakistan was without a constitution. The main reason was believed to be the fact that there were two unequal wings of Pakistan separated from each other by more than a thousand miles. To diminish the differences between the two regions, the Government of Pakistan decided that all the four provinces and states of West Pakistan should be merged into one unit.
To this end, Prime Minister Muhammad Ali made the first official announcement on November 22, 1954, enumerating the benefits of having one unit or province. On September 30, 1955, the Assembly passed the bill merging 310,000 square miles into a single province, with Lahore as its provincial capital. West Pakistan had formerly comprised three Governor's provinces, one Chief Commissioner's province, a number of states that had acceded to Pakistan, and the tribal areas. Geographically, they formed a homogenous block with easy communication, but with marked linguistic and ethnic distinctions. The result of the new bill was to unify these various units into one province to be known as West Pakistan.
The Bill was hailed as a measure of administrative rationalization as it was likely to reduce the administrative expenditure. It was claimed that one unit of West Pakistan would eliminate the curse of provincial prejudices. The problem of representation of various units in the proposed Federal Legislature had been a big hurdle in the way of making a Constitution and it was said that with the removal of this hurdle, the formation of the Constitution would now speed up.
Dr. Khan Sahib was appointed as the first Chief Minister of the One Unit, while Mushtaq Ahmad Gurmani was appointed as the first Governor of West Pakistan. Dr. Khan Sahib's Ministry, however, came to an end when the President himself took over the administration. Subsequently, Sardar Abdur Rashid and Muzzaffar Ali Qazilbash were appointed Chief Ministers of that province in succession.
While the One Unit scheme in West Pakistan could be supported on various grounds, the method of its establishment was not free from criticism. The government wanted to introduce the One Unit Scheme by an executive decree, which it could not do. So the Central Government dismissed the Ministry in Punjab, Sindh and N. W. F. P. One Unit continued until General Yahya Khan dissolved it on July 1, 1970.

The Constitution of 1956

After assuming charge as Prime Minister, Chaudhry Muhammad Ali along with his team worked day and night to formulate a constitution for Pakistan. His efforts led to the first constitution that was enforced in the country on March 23, 1956. Pakistan's status as a dominion ended and the country was declared an Islamic Republic of Pakistan. Thereupon the Constituent Assembly of Pakistan became the interim National Assembly and Governor General Iskander Mirza was sworn in as the first President of Pakistan.
The Constitution of 1956 consisted of 234 articles, which were divided into 13 parts and 6 schedules. One of the main features of the Constitution was its Islamic character. The Islamic provisions were contained in the directive principles of the state policy. Along with other Islamic provisions in the Constitution, the president, who was required to be a Muslim of at least 40 years of age, was to set up an organization for Islamic research with the aim of establishing a true Islamic society. The Objectives Resolution was, however, only made the preamble of the Constitution and not included in its main text.
The Constitution vested the executive authority of the President in the Federation. The President had the discretionary powers to make the appointment of the Chairman and members of the Election Commission, Delimitation Commission and Public Service Commission. He also had the power to appoint the Prime Minister from amongst the members of the National Assembly. However, his appointee had to take a vote of confidence from the Assembly within two months of his appointment. The President also had the power to remove the Prime Minister if he felt that the Prime Minister had lost the confidence of the majority of the National Assembly members.
The Constitution of 1956 provided for parliamentary form of government with a unicameral legislature. The only house of parliament, the National Assembly, was to consist of 300 members. The Constitution recognized the concept of One Unit, and the seats were divided equally between the two wings of the country. Thus the principle of parity was introduced. For the first ten years, five additional seats were reserved for women for each wing. National Assembly was to meet at least twice a year with at least one session at Dhaka. The Constitution offered direct elections under adult franchise. Every citizen of Pakistan with minimum age of 21 was allowed to vote in the elections.
The Constitution provided for federal form of government in the country. The provincial structure was similar to the one in the center. The pattern for the center-province relations was the same as it was in the Government of India Act, 1935. There were federal, provincial and concurrent lists of subjects. There were 30 items in the federal list, 94 items in the provincial list and 19 items in the concurrent list. The federal legislation was to get precedence over provincial legislation regarding the concurrent list. Residuary powers were vested in the provinces. In case of a conflict between center and provinces or between the two provinces, the Chief Justice of the Supreme Court was to act as the mediator.
The Constitution of 1956 was a written and flexible constitution. It advocated the fundamental rights of the individual. However, the President had the power to suspend these rights in case of an emergency. Judiciary was to remain independent. Urdu and Bengali were both accepted as state languages, while English was to remain the official language for the first 25 years. After ten years' passage of the Constitution, the President was to appoint a commission with the task to make recommendation for the replacement of English as the official language.
The Constitution of 1956 proved to be short lived as on October 7, 1958, Marital Law was promulgated and the constitution was abrogated.

H. S. Suhrawardy Becomes Prime Minister [1956]

Soon after the adoption of the 1956 Constitution, Huseyn Shaheed Suhrawardy replaced Chaudhry Muhammad Ali as Prime Minister on September 12, 1956. Suhrawardy had managed to secure the office for himself by forging an alliance with the Republican Party.
The controversy over One Unit and the appropriate electoral system for Pakistan, whether joint or separate, revived as soon as Suhrawardy became Prime Minster. In West Pakistan, there was strong opposition to the joint electorate by the Muslim League and the religious parties. Suhrawardy and his party in East Pakistan supported the joint electorate. These differences over One Unit and the appropriate electorate caused problems for his government.
Not a man to let setbacks destroy his morale, Suhrawardy thought his political fortunes might change if he scored some success on the economic front during his tenure. Suhrawardy tried to remove the economic disparity between the Eastern and Western wings of the country but to no avail. He also tried unsuccessfully to alleviate the food shortage in the country.
By early 1957, the movement for the dismemberment of the One Unit had started. Suhrawardy was at the mercy of central bureaucracy fighting to save the One Unit. Big business groups in Karachi were lobbying against Suhrawardy's decision to distribute the better part of the $10 million I. C. A. aid to East Pakistan and to set up a national shipping corporation. Supported by these lobbyists, President Mirza demanded the Prime Minister's resignation. Suhrawardy requested to seek a vote of confidence in the National Assembly, but this request was turned down. Suhrawardy resigned under threat of dismissal on October 10, 1957.

Iskander Mirza Becomes President [1956]

Governor General Ghulam Muhammad's despotic and dictatorial policy led Iskander Mirza and his collaborators to force him out of power. Although his removal was necessary, yet another despot, Iskander Mirza, who was the fourth Governor General and then the first President of Pakistan, succeeded him. He was sworn-in as the first President under the 1956 Constitution. During his regime not only was the first Constitution of Pakistan finalized, but also all the provinces and princely states of West Pakistan were knitted together to form One Unit of the West Pakistan Province.
During his tenure from 1956 to 1958, President Iskander Mirza brought about various cabinet changes and advocated a controlled democracy for Pakistan. Muhammad Ali Bogra was the first Prime Minster under Iskander Mirza. Bogra could not stay at this position for long, he resigned and went back to the U. S. A. where he was reinstated as the Ambassador of Pakistan. After Bogra, Chaudhry Muhammad Ali became the next Prime Minster. It was under his premiership that the establishment of One Unit was given practical shape and the Constitution of 1956 was introduced. Huseyn Shaheed Suhrawardy, I. I. Chundrigar and Malik Feroz Khan Noon succeeded him as Prime Ministers under Iskander Mirza's despotic rule.
In collusion with the Commander-in-Chief, Muhammad Ayub Khan, Iskander Mirza abrogated the Constitution on October 7, 1958 and declared Martial Law. Iskander Mirza and Ayub Khan began the new era with apparent unanimity. Although the two were responsible for bringing about the change, they had different views on dealing with the new situation. Share of power soon led to a struggle between the two, which ended with Iskander Mirza being arrested and exiled to Britain where he later died.

I. I. Chundrigar Becomes Prime Minister [1957]

After merely a year, Suhrawardy resigned from his Premiership in October 1957. His resignation came as a result of the President's refusal to convene a meeting of the Parliament to seek a vote of confidence. President Iskander Mirza appointed I. I. Chundrigar as the interim Prime Minister. Being a nominated Prime Minister, Chundrigar held a weak position from the very beginning. He headed a coalition government including the Krishak Sramik Party, Nizam-i-Islam Party, the Muslim League and the Republican Party. The Muslim League had agreed to form a coalition government with the Republican Party on the condition that by amending the Electoral Act, the principle of separate electorate would be implemented in the country.
After the formation of the Cabinet, Ministers from East Pakistan and the Republican Party started opposing the proposed amendments. The Republican Party opposed the amendment as it wanted to gain advantage over its political opponent, the Muslim League.
Iskander Mirza exploited the differences between the parties and thus made Chundrigar an easy victim as he remained Prime Minister for only two months and therefore could not give any practical shape to his program.

Malik Feroz Khan Noon Becomes Prime Minister [1957]

On December 16, 1957, Malik Feroz Khan Noon took over the office of Prime Minister from Chundrigar. Malik Feroz Khan Noon was the last in the line of Prime Ministers under the President-ship of Iskander Mirza. Being the leader of the Republican group in the National Assembly, Noon came to power by forging an alliance with five different political groups, Awami League, National Awami Party, Krishak Sramik Party, National Congress and the Scheduled Caste Federation. Though the coalition was dependent on the support of such a large number of political parties, it was able to form a stable government.
The Noon Cabinet was fortunate to have the support of the Bengali and Punjabi group of politicians, reaching an accord between them for the first time. H. S. Suhrawardy's Awami League Party assured full cooperation to the cabinet of Feroz Khan Noon. President Iskander Mirza was distressed by the alliance of Suhrawardy and Noon. He not only felt a serious threat to his office but also perceived that he had lost his grip over the politicians. He tried to counter by bring other politicians to his side and making alliances with other political parties.
On the other side, in West Pakistan, Muslim League had become quite popular under the leadership of Khan Abdul Qayyum Khan. As events were going against Iskander Mirza, he displayed his willingness to dissolve West Pakistan's One Unit for his own interests.
President Iskander Mirza also tried to seek the help of Khan Abdul Ghaffar Khan in June 1958, and also started negotiations with the Governor of East Pakistan in order to break the strength of the Awami League there. The tussle for power reached a critical point. The Awami League, being the party in power, affronted the Speaker of the Assembly. The Krishak Sramik Party also criticized the government for its actions. With all these events in progress, an attack on the Deputy Speaker occurred from which he could not survive.
Under these tumultuous circumstances of political instability, President Iskander Mirza turned towards General Ayub Khan, the Commander-in-Chief of the armed forces of Pakistan. At midnight between October 7 and 8, 1958, the President of Pakistan abrogated the Constitution and imposed Martial Law in the country. This brought an end to the term of Malik Feroz Khan Noon, which lasted for less than a year. The Parliamentary Government came to an end in Pakistan, thus setting the stage for the recurrence of Martial Law again and again in the future.

Ouster of President Iskander Mirza – 1958

On October 7, 1958, President Iskander Mirza abrogated the Constitution and declared Martial Law in the country. General Muhammad Ayub Khan, the then Commander-in-Chief of the armed forces, became the Chief Martial Law Administrator.
Iskander Mirza and Ayub Khan had begun the new era with apparent unanimity, jointly describing it as a two-man regime. However, although the two were responsible for bringing about the change, they had different views on dealing with the new situation. Iskander Mirza had not envisaged any change in his previous powers; he wanted to retain the ability to maneuver things according to his own whim. Things however had changed. C. M. L. A. Ayub Khan knew that the real power rested with the army and he was determined to assert himself. Within a week of the proclamation of Martial Law, Iskander Mirza realized the delicate position he had gotten himself into. He regretted his decision and said, "I did not mean to do it" while offering assurances that the Martial Law would be for the shortest possible duration.
The sharing of power soon led to the intensification of the power struggle between the two men. President Mirza tried to balance the power structure by appointing Ayub Khan as Prime Minister on October 24, 1958. The Cabinet he set up consisted entirely of non-political members. This did not satisfy Ayub Khan who had more powers as the Chief Martial Law Administrator. In order to secure himself, Iskander Mirza tried to get the support of Ayub Khan's rivals within the army and air force. He was however unsuccessful in this attempt.
With the consensus of his military generals, Ayub Khan arrested Iskander Mirza on October 27, 1958. He was exiled to Britain where he later died. After the ouster of Iskander Mirza, General Ayub Khan became the sole power in Pakistan.

Martial Law Under Field Marshal Ayub Khan [1958-62]

On October 7, 1958, President Iskander Mirza abrogated the Constitution and declared Martial Law in the country. This was the first of many military regimes to mar Pakistan's history. With this step, the Constitution of 1956 was abrogated, ministers were dismissed, Central and Provincial Assemblies were dissolved and all political activities were banned. General Muhammad Ayub Khan, the then Commander-in-Chief of the armed forces, became the Chief Martial Law Administrator. The parliamentary system in Pakistan came to end. Within three weeks of assuming charge on October 27, 1958, Iskander Mirza was ousted by General Ayub Khan, who then declared himself President.
General Ayub Khan gave himself the rank of Field Marshal. Corruption had become so widespread within the national and civic systems of administration that Ayub Khan was welcomed as a national hero by the people.

Soon after coming to power, the new military government promised that they would carry out reforms in the entire government structure and would cleanse the administration of the rampant corruption. A thorough screening process of all government servants was conducted and service records were closely scrutinized. Public servants were tried for misconduct by tribunals consisting of retired judges of the Supreme Court or High Court. If charges were proven, disciplinary action such as dismissal or compulsory retirement of the public servant could take place. A public servant could also be disqualified from holding any public office for 15 years.
About 3,000 officials were dismissed and many others were reduced in rank as a result of these measures. The rest of the government servants were provided with an incentive to working hard. Similarly, a law called the Elective Bodies Disqualification Order, popularly known as E. B. D. O., was promulgated for the disqualification of politicians. Under this law, a person could be disqualified from being a member of any elective body till December 31, 1966. Under this harsh law, several politicians like Suhrawardy and Qayyum Khan were disqualified. The E. B. D. O., particularly its application, was severely criticized in the legal and political circles throughout Pakistan.
After taking over, Ayub Khan focused on the long-standing question of land reforms in West Pakistan. The land reforms included the reduction of land ceiling to 1,000 acres for non-irrigated land and 500 acres for irrigated land and with ownership rights granted to the tenants. The land in excess of these limits was taken over by the government to be distributed amongst the deserving persons.
Ayub Khan also introduced a comprehensive scheme of local government, popularly known as Basic Democracies. This scheme was enforced through the Basic Democracies Order on October 27, 1959. Basic Democracies was a pyramidal plan enabling the people to directly elect to Local Council men they knew, who would in turn elect the upper tier of the administration. Altogether there were 80,000 Basic Democrats elected. To lend legitimacy to his rule, Ayub Khan used the Basic Democrats as an electoral college, holding a referendum to seek a mandate to continue in office as President and to have the authority to frame the future Constitution of Pakistan.
The referendum held on February 14, 1960, asked the voters "if they had confidence in President Field Marshal Muhammad Ayub Khan, Hilal-i-Jurat?" With the results of the referendum, Ayub Khan was elected not only as President of Pakistan for five years, but also got the mandate to give Pakistan a Constitution of his choice.
Ayub Khan set up a Constitution Commission which was not only given the responsibility to make recommendations on the future Constitution, but was also to examine the causes of failure of parliamentary government in Pakistan. The report of the Constitution Commission was presented to Ayub Khan on May 6, 1961. Ayub Khan was not satisfied by the findings. The 1962 Constitution was very different from the recommendation of the Constitution Commission, as Ayub Khan favored a presidential form of government. The 1962 Constitution was promulgated on March 1. This ended the three-and-a-half-year Martial Law regime of Ayub Khan. A civilian constitutional government under Ayub Khan replaced his previous military regime.

Indus Water Treaty [1960]

Pakistan is an agricultural country. Eighty percent of its agricultural output comes from the Indus Basin. Pakistan has one of the world's largest canal systems built much before Independence by the British. After Independence, problems between the two countries arose over the distribution of water. Rivers flow into Pakistan territory from across India. In 1947, when Punjab was divided between the two countries, many of the canal head-works remained with India. The division of Punjab thus created major problems for irrigation in Pakistan.
On April 1, 1948, India stopped the supply of water to Pakistan from every canal flowing from India to Pakistan. Pakistan protested and India finally agreed on an interim agreement on May 4, 1948. This agreement was not a permanent solution; therefore, Pakistan approached the World Bank in 1952 to help settle the problem permanently. Negotiations were carried out between the two countries through the offices of the World Bank. It was finally in Ayub Khan's regime that an agreement was signed between India and Pakistan in September 1960. This agreement is known as the Indus Water Treaty.
This treaty divided the use of rivers and canals between the two countries. Pakistan obtained exclusive rights for the three western rivers, namely Indus, Jehlum and Chenab. And India retained rights to the three eastern rivers, namely Ravi, Beas and Sutluj. The treaty also guaranteed ten years of uninterrupted water supply. During this period Pakistan was to build huge dams, financed partly by long-term World Bank loans and compensation money from India. Three multipurpose dams, Warsak, Mangla and Tarbela were built. A system of eight link canals was also built, and the remodeling of existing canals was carried out. Five barrages and a gated siphon were also constructed under this treaty.

The Constitution of 1962

With the aim of investigating the reasons of failure of the parliamentary system in Pakistan, and to make recommendations for a new constitution, Ayub Khan appointed a Constitution Commission under the supervision of Justice Shahab-ud-din. After a number of considerations, the Commission submitted its report on May 6, 1961. Ayub Khan was not satisfied with the report and had it processed through various committees. As a result the Constitution, which was promulgated on March 1, and enforced on June 8, 1962, was entirely different from the one recommended by the Shahab-ud-din Commission.
The Constitution of 1962 consisted of 250 Articles, which were divided into 12 Parts and three Schedules. It advocated presidential form of government with absolute powers vested in the President. The President was to be a Muslim not less than 35 years of age. The term of the President was for five years and nobody could hold the post for more than two consecutive terms. The President was the head of the state as well as the head of the Government. The President had the power to appoint Provincial Governors, Federal Ministers, Advocate General, Auditor General and Chairmen and Members of various administrative commissions. As the Supreme Commander of the Armed Forces of Pakistan, the appointment of the chiefs of the forces was also his duty.
The Constitution of 1962 provided for a unicameral legislature. The National Assembly was to consist of 156 members, including six women. The Eighth Amendment later increased this number to 218. Principle of parity was retained and seats were distributed equally between the two wings of the country. Principle of Basic Democracy was introduced for the first time in the country and the system of indirect elections was presented. Only 80,000 Basic Democrats were given the right to vote in the presidential elections. The Eighth Amendment later increased this number to 120,000. Half of them were to be from the Eastern Wing, the rest from the Western Wing of the country.
According to the Constitution of 1962, the Executive was not separated from the Legislature. The President exercised veto power in the legislative affairs and could even veto a bill passed by the National Assembly with a two-third majority. He had the power to issue ordinances when the Assembly was not in session. The ordinance needed the approval of the National Assembly within 48 days of its first meeting or 108 days after its promulgation. However, if the President enforced emergency in the country, which according to the constitution was within his jurisdictions, then the ordinances needed no approval from the legislative body.
The President had the power to dissolve the National Assembly. Federal form of government was introduced in the country with most of the powers reserved for the Central Government. There was a federal list of subjects over which the provinces had no jurisdiction. Principle of One Unit for West Pakistan was maintained and the number of seats for Punjab was curtailed to 40 percent in the Western Wing for the initial five years. Provincial Governors were to enjoy the same position in the provinces, which the President was to enjoy in the center.
Islamic clauses were included in the Constitution. These could not be challenged in any court of law. The state was named the Republic of Pakistan, but the first amendment added the word "Islamic" to the name. The word "Islam" and not "Quran and Sunnah" was used in the Islamic clauses to give a liberal touch to the Constitution. The Advisory Council of Islamic Ideology was introduced whose job was to recommend to the government ways and means to enable Muslims to live their lives according to the teachings of Islam.
The Constitution of 1962 was a written Constitution upholding the fundamental rights of the citizens. Under the Constitution, the Judiciary had little independence and the appointment of the Chief Justices and Judges of the Supreme and High Courts was in the hands of the President. The President also had the power to remove a judge after an inquiry on misconduct or on the basis of mental or physical illness.
Both Urdu and Bengali were made the national languages of Pakistan and English was declared as the official language of the country for the first ten years. The Constitution was flexible in nature and could be amended by a two-third majority in the National Assembly and with the approval of the President. In its short life of seven years, eight amendments were made in the Constitution.
When Ayub Khan handed over power to Yahya Khan, Martial Law was enforced in the country and the Constitution was terminated on March 25, 1969.

Field Marshal Ayub Khan Becomes President [1962-1969]

In March 1962, Ayub Khan suspended the Martial Law and proclaimed the Constitution of 1962. Presidential elections were held in January 1965, and Ayub Khan defeated Miss Fatima Jinnah, Jinnah's sister, to once again become the President of Pakistan.
During his term, the "Great Decade" was celebrated, which highlighted the development plans executed during ten years of Ayub's rule. The 1965 War was fought during Ayub's term and Ayub Khan represented Pakistan in the subsequent Tashkent Talks.
Ayub Khan moved the capital of Pakistan from Karachi to Islamabad in 1965, but could not complete his term due to public pressure.
He handed over power to General Muhammad Yahya Khan on March 25, 1969.

Presidential Election (1965)

Miss Fatima Jinnah, popularly acclaimed as the Madar-i-Millat, or "Mother of the Nation" for her role in the Freedom Movement, contested the 1965 elections at the age of 71. Except for her brief tour to East Pakistan in 1954, she had not participated in politics since Independence. After the imposition of Martial Law by Ayub Khan, she once wished the regime well. But after the Martial Law was lifted, she sympathized with the opposition as she was strongly in favor of democratic ideals. Being the Quaid's sister, she was held in high esteem, and came to symbolize the democratic aspirations of the people. The electoral landscape changed when Miss Fatima Jinnah decided to contest the elections for the President's office in 1965. She was challenging the incumbent President Ayub Khan in the indirect election, which Ayub Khan had himself instituted.
Presidential candidates for the elections of 1965 were announced before commencement of the Basic Democracy elections, which was to constitute the Electoral College for the Presidential and Assembly elections. There were two major parties contesting the election. The Convention Muslim League and the Combined Opposition Parties. The Combined Opposition Parties consisted of five major opposition parties. It had a nine-point program, which included restoration of direct elections, adult franchise and democratization of the 1962 Constitution. The opposition parties of Combined Opposition Parties were not united and did not possess any unity of thought and action. They were unable to select presidential candidates from amongst themselves; therefore they selected Miss Fatima Jinnah as their candidate.
Elections were held on January 2, 1965. There were four candidates; Ayub Khan, Miss Fatima Jinnah and two obscure persons with no party affiliation. There was a short campaigning period of one month, which was further restricted to nine projection meetings that were organized by the Election Commission and were attended only by the members of the Electoral College and members of the press. The public was barred from attending the projection meetings, which would have enhanced Miss Fatima Jinnah's image.
Ayub Khan had a great advantage over the rest of the candidates. The Second Amendment of the Constitution confirmed him as President till the election of his successor. Armed with the wide-ranging constitutional powers of a President, he exercised complete control over all governmental machinery during elections. He utilized the state facilities as head of state, not as the President of the Convention Muslim League or a presidential candidate, and didn't even hesitate to legislate on electoral maters. Bureaucracy and business, the two beneficiaries of the Ayub Khan regime, helped him in his election campaign. Being a political opportunist, he brought all the discontented elements together to support him; students were assured the revision of the University Ordinance and journalists the scrutiny of the Press Laws. Ayub Khan also gathered the support of the ulema who were of the view that Islam does not permit a woman to be the head of an Islamic state.
Miss Jinnah's greatest advantage was that she was the sister of the Founder of Pakistan. She had detached herself from the political conflicts that had plagued Pakistan after the Founder's death. The sight of this dynamic lady moving in the streets of big cities, and even in the rural areas of a Muslim country, was both moving and unique. She proclaimed Ayub Khan to be a dictator. Miss Jinnah's line of attack was that by coming to terms with India on the Indus Water dispute, Ayub had surrendered control of the rivers over to India. Her campaign generated tremendous public enthusiasm. She drew enormous crowds in all cities of East and West Pakistan. The campaign however suffered from a number of drawbacks. An unfair and unequal election campaign, poor finances, and indirect elections through the Basic Democracy System were some of the basic problems she faced.
Miss Fatima Jinnah lost the election of 1965 and Ayub Khan was elected as the President of Pakistan.
It is believed that had the elections been held via direct ballot, Fatima Jinnah would have won. The Electoral College consisted of only 80,000 Basic Democrats, who were easily manipulated. The importance of this election, lay in the fact that a woman was contesting the highest political office of the country. The orthodox religious political parties, including the Jamaat-i-Islami led by Maulana Maududi, which had repeatedly declared that a woman could not hold the highest office of a Muslim country, modified their stance and supported the candidature of Miss Fatima Jinnah. The election showed that the people had no prejudice against women holding high offices, and they could be key players in politics of the country.

Indo-Pak War [September, 1965]

The long-standing border disputes, communal tensions, and conflict over the question of Kashmir flared up in a full-scale war between India and Pakistan in September 1965.

The War of Rann of Kutch

Skirmishes at the Rann of Kutch flared up almost accidentally in the Spring of 1965, and India and Pakistan found themselves drawn into the first of their two undeclared wars.
The dispute goes back to the days of the British rule in India. The Rann was the bone of contention between the princely state Kutch, and the British Indian province of Sindh.
When British India was partitioned, Kutch acceded to India and Sindh to Pakistan. The issue was inherited by these two states along some 3,500 sq. miles of territory. From January 1965 onwards, border incidents became frequent. By all accounts the Indian forces were badly defeated in the Kutch area by the Pakistan army.
At the Commonwealth Conference in Britain, the British Prime Minister Harold Wilson successfully persuaded both India and Pakistan to sign an agreement on June 30 to resolve the dispute. Failing to do so bilaterally, a tribunal was set up to resolve this dispute. This tribunal announced its verdict on February 19, 1965. It gave 350 sq. miles in the northern part to Pakistan and the rest of the Rann area to India.

The War in Kashmir

Events in Kashmir were also moving towards a climax. The Indian Prime Minister Lal Bahadur Shastri added more fuel to the fire by taking steps to absorb Kashmir further into the political body of India and stated that the Kashmir problem occupied a secondary place in successful relations between India and Pakistan.
The application of articles 356 and 357 of the Indian Constitution to the Kashmir State which enabled the President of India to establish Presidential Rule in Kashmir and legislate, there was an effort to amalgamate Kashmir completely into the Indian Union.
Sheikh Abdullah, the Kashmiri leader took extensive foreign tours to enlist international support for the Kashmir cause. But he was arrested and the Kashmir Legislative Assembly adopted the Constitutional Amendments Bill on March 30, providing:
1. The Sardar-i-Riyasat would henceforth be known as Governor and would be appointed by the President of India instead of being elected by the local assembly.
2. The Prime Minister would be styled as a Chief Minister, as in the states of the Indian Union.
The Kashmiri people called for an all out war against Indian imperialism and established a National Government of the people of Jammu and Kashmir. In a spillover effect, Azad Kashmir became increasingly restive. The Indian army made a series of new moves across the ceasefire line with her regular armed forces.

The Lahore Offensive

At 30 AM on September 6, 1965, without a formal declaration of war, Indians crossed the international border of West Pakistan and launched a three-pronged offensive against Lahore, Sialkot and Rajasthan. There was a fierce tank battle on the plains of Punjab. The domestic Indo-Pak conflict transformed into an international conflict and raised Super Power concerns.
The U. S. suspended military supplies to both sides during the Indo-Pak War. Both the Soviet Union and the United States took a united stand to curtail the conflict within the boundaries of the Sub-continent from escalating into a global conflict. China threatened to intervene and offered military support to Pakistan. It was to keep China away from this conflict that both the Soviet Union and the United States pressured the U. N. to arrange for an immediate ceasefire.
The main diplomatic effort to stop the fighting was conducted under the auspices of the United Nations and a ceasefire came into effect on September 23, 1965.
The Soviet Union, which had remained neutral while India and Pakistan were at war, played broker at Tashkent afterwards. A Soviet Government communique formally announced on December 8 that the Indian Prime Minister Shastri and the Pakistani President Ayub would meet at Tashkent on January 4, 1966.
The Tashkent Conference lasted from January 4 to January 10. The Soviet Premier Kosygin earned praise as a peacemaker. The main achievement of the Conference was to withdraw, no later than February 25, 1966, all armed personnel to the position held before August 5, 1964.

The Tashkent Declaration [1966]

In September 1965, the long-standing border dispute, communal tensions, and conflict over the question of Kashmir flared up in a full-scale war between India and Pakistan. Fearing that this regional conflict within the boundaries of Indo-Pakistan would escalate into a conflict of global dimensions, the Soviet Union and the United States pressurized the U. N. to arrange an immediate ceasefire. The diplomatic efforts of the United Nations resulted in a ceasefire that came into effect on September 23, 1965.
The Soviet Union, which had remained neutral when India and Pakistan went to war in September 1965, played the broker afterwards at Tashkent. A Soviet Government communiquŽ formally announced on December 8 that the Indian Prime Minister Lal Bahadur Shastri and the Pakistani President Muhammad Ayub Khan would meet at Tashkent on January 4, 1966. The Tashkent Conference lasted from January 4 to January 10. Largely as due to the efforts of Soviet Premier Kosygin, India and Pakistan signed a declaration that is known as the Tashkent Declaration.
The significant clauses of this agreement were:
1. The Prime Minister of India and the President of Pakistan agree to make all efforts to establish good relations between India and Pakistan in accordance with the United Nations Charter. They affirm to renounce the use of force in the settlement of their disputes.
2. The President of Pakistan and the Indian Prime Minister agree to withdraw, no later than February 25, 1966, all armed personnel to the position held before August 5, 1964.
3. Both India and Pakistan agree to follow the principle of non-interference in their affairs and will discourage the use of any propaganda against each other.
4. Both the countries also agree to reopen normal diplomatic functioning and to return of the High Commissioners of both the countries to their posts.
5. Measures towards the restoration of economic and trade relations, communications, as well as cultural exchanges between the two countries were to be taken. Measures were to be taken to implement the existing agreements between Pakistan and India.
6. Prisoners of war would be repatriated.
7. Discussions would continue relating to the problem of refugees and eviction of illegal immigrants. Both sides will create conditions that will prevent the exodus of the people.
The President of Pakistan and the Indian Prime Minister agreed that both sides would continue to meet at the highest and other levels on matters of direct concern to both the countries. Both the sides recognized the need to set up joint Indo-Pakistan bodies, which would report to their governments in order to decide what further steps need to be taken. In accordance to the Tashkent Declaration, talks at the ministerial level were held on March 1 and 2, 1966. Despite the fact that these talks were unsuccessful, diplomatic exchange continued throughout the spring and summer. No result was achieved out of these talks, as there was a difference of opinion over the Kashmir issue.
Euphoria had built up during the 1965 war, which had led to the development of a public perception that Pakistan was going to win the war. News of the Tashkent Declaration shocked the people who were expecting something quite different. Things further worsened as Ayub Khan refused to comment and went into seclusion instead of taking the people into confidence over the reasons for signing the agreement. Demonstrations and rioting erupted at various places throughout the country. In order to dispel the anger and misgiving of the people, Ayub Khan decided to lay the matter before the people by addressing the nation on January 14.
It was the difference over Tashkent Declaration, which eventually led to the removal of Z. A. Bhutto from Ayub's government, who later on launched his own party, called the Pakistan People's Party.
Despite the fact that Ayub Khan was able to satisfy the misgiving of the people, there is no doubt that the Tashkent Declaration greatly damaged the image of Ayub Khan, and became one of the many factors that led to his downfall.

Awami League's Six-Point Program

In the 1970 National Assembly elections, the mandate of Sheikh Mujib-ur-Rahman's Awami League Party was based on a Six-Point Program of regional autonomy in a federal Pakistan. Sheikh Mujib-ur-Rahman had presented the Six-Point Program as the constitutional solution of East Pakistan's problems, in relation to West Pakistan.
First enunciated on February 12, 1966, the six points are as below:
1. The Constitution should provide for a Federation of Pakistan in the true sense on the basis of the Lahore Resolution and for a parliamentary form of government based on the supremacy of a directly elected legislature on the basis of universal adult franchise.
2. The Federal Government shall deal with only two subjects; Defense and Foreign Affairs. All residuary subjects will be vested in the federating states.
3. There should be either two separate, freely convertible currencies for the two Wings, or one currency with two separate reserve banks to prevent inter-Wing flight of capital.
4. The power of taxation and revenue collection shall be vested in the federating units. The Federal Government will receive a share to meet its financial obligations.
5. Economic disparities between the two Wings shall disappear through a series of economic, fiscal, and legal reforms.
6. A militia or paramilitary force must be created in East Pakistan, which at present has no defense of it own.
After the elections of 1970, differences arose between the Government and Awami League on the transfer of power on the basis of this Six-Point Program.
There ensued a political deadlock with talks ending in failure and postponement of the first session of the National Assembly. The postponement of the National Assembly session triggered a chain of events that eventually led to the separation of East Pakistan.

The Tashkent Declaration signed by the Indian Prime Minister Lal Bahadur Shastri and the Pakistani President Muhammad Ayub Khan was not at all approved by the general public, and was regarded as submission to India and humiliation for the nation. Politicians were already unhappy with Ayub Khan whose Government was celebrating the decade of various reforms. But he fell victim to the then Foreign Minister, Zulfiqar Ali Bhutto, who exploited the whole situation. He resigned from office and after forming a party of his own, Pakistan Peoples Party, announced to "defeat the great dictator with the power of the people". As a result, he and others were arrested.
Ayub Khan tried his best to handle the situation by releasing a number of political prisoners, including the most popular leader of East Pakistan, Sheikh Mujib-ur-Rahman. He held a Round Table Conference in Rawalpindi with all the well-known political leaders in March 1969, but it proved to be a stalemate, with the result that Ayub Khan was forced to hand over power to General Muhammad Yahya Khan, on March 25, 1969. Pakistan was now under the grip of another Martial Law.
Being deeply aware of the explosive political situation in the country, General Yahya Khan set in motion moves to transfer power to the elected representatives of the people and announced that the general elections would be held on October 5, 1970.

Legal Framework Order [1970]

After the abrogation of the Constitution of 1962, Yahya Khan needed a legal framework to hold elections. In April and July 1969, he held discussions with prominent political party leaders to learn their point of view. Most of them asked for the revival of the Constitution of 1956 on the ground that its abrogation had been unlawful, and the country should return to the constitutional position prevailing on the eve of the 1958 coup. Yahya Khan initially agreed with this opinion, but had to change his stance due to opposition from the Awami League.
Not being well versed in constitutional affairs, he appointed a team to draft a new constitutional formula. He voiced his ideas about the constitutional issues in his broadcast address to the nation on November 28, 1969. The formula was officially issued on March 30, 1970, and is known as the Legal Framework Order of 1970. According to this order, One Unit was dissolved in West Pakistan and direct ballot replaced the principle of parity.
The National Assembly was to consist of 313 seats, including 13 seats reserved for women. Women were also allowed to contest the elections from general seats. The distribution of seats was to be as follows:
East Pakistan: 162 general and 7 reserved seats
Punjab: 82 general and 3 reserved seats
Sindh: 27 general and 1 reserved seat
N. W. F. P.: 18 general and 1 reserved seat
Baluchistan: 4 general and 1 reserved seat
Centrally Administered Tribal Areas: 7 general seats
The L. F. O. also defined the qualifications of people who would be allowed to contest in the elections. The Constituent Assembly was to stand dissolved if it was unable to frame the Constitution within 120 days. Actually, the Legal Framework Order was to act as an interim Constitution.
The primary function of the L. F. O. was to provide a setup on which elections could be conducted. It was then the duty of the elected Constituent Assembly to draft the Constitution of Pakistan. However, the L. F. O. defined the directive principles of State policy and made it clear that the future Constitution should not violate these basic principles. The directive principles demanded an Islamic way of life, observation of Islamic moral standards, and teaching of the Quran and Sunnah to the Muslims.
The Legal Framework Order also urged the Constituent Assembly to frame a Constitution in which Pakistan was to be a Federal Republic and should be named Islamic Republic of Pakistan. It also called for the preservation of Islamic Ideology and democratic values. The Constituent Assembly was also supposed to frame a Constitution in which all citizens of Pakistan were to enjoy fundamental human rights. Judiciary should remain independent from the Executive and provincial autonomy is protected.
The President was given the power to reject any Constitution framed by the Constituent Assembly if the document did not fulfill the above-mentioned requirements. The President also had the power to interpret and amend the Constitution, and his decision could not be challenged in a court of law.

General Elections 1970

The political history of Pakistan from 1947 to 1970 witnessed no general elections. Thus, when Yahya's Regime decided to hold the first general elections on the basis of adult franchise at national level, they were not only required to make a new mechanism but were also required to set up a permanent election machinery. A three-member Election Commission was set up and Justice Abdus Sattar was appointed as the first Chief Election Commissioner of Pakistan.
The first task before the Election Commission was to enroll as voters all citizens of Pakistan who were at least 21-years old on October 1, 1969. The electoral rolls were put before the masses for corrections on January 16, 1970, and after necessary amendments, the final list was published on March 17. The total registered voters in the country were 56,941,500 out of which 31,211,220 were from the Eastern Wing, while 25,730,280 from the Western Wing. The Election Commission also marked the constituencies, in accordance with the seats allocated for the National and Provincial Assemblies under Legal Framework Order, 1970. One hundred and ninety nine Returning Officers were appointed for the National Assembly and 285 Returning Officers were appointed for the Provincial Assemblies.
Twenty four political parties participated in the elections. They were allowed to begin their election campaigns from January 1, 1970. The public meetings of Awami League in Bengal and Pakistan Peoples Party in the Punjab and Sindh attracted huge crowds. Awami League mobilized support on the basis of its Six-Points Program, which was the main attraction in the party's manifesto. While Z. A. Bhutto's personality, his socialistic ideas and his slogan of "Rotti, Kapra aur Makan", meaning food, clothing and shelter, were the factors that contributed to the popularity of Pakistan Peoples Party. The rightist parties raised the religious slogans, while the leftists raised slogans based on regional and communistic ideas.
A total 1,957 candidates filed their nomination papers for 300 National Assembly seats. While after scrutiny and withdrawals, 1,579 contested the elections eventually. None of the political parties filed nominations of their candidates on all the seats. Awami League nominated 170 candidates out of which 162 were for the constituencies in East Pakistan. The party that filed second highest number of candidates was Jamaat-i-Islami. It filed 151 candidates. There were only 120 candidates contesting the elections on the ticket of Pakistan Peoples Party, out of which 103 were from the constituencies in the Punjab and Sindh. Pakistan Peoples Party didn't nominate a single candidate from East Pakistan. Convention Muslim League nominated 124 candidates, Council Muslim League 119 and Qayyum Muslim League 133.
According to the original schedule, polling for the National Assembly was to be held on October 5 and for the Provincial Assemblies on October 19. However, due to the floods in the East Pakistan, the dates were changed to December 7 and 17, respectively. Elections on nine National Assembly and 18 Provincial Assembly seats, however, could not be held on these dates because of the cyclone that hit a large part of East Pakistan. Elections for these seats were held on January 17, 1971.
According to the results of the elections, Awami League emerged as the single largest party in the National Assembly by winning 160 seats. It was also able to win 288 out of 300 seats in the East Pakistan Assembly. However, the party failed to win even a single seat in the four Provincial Assemblies of West Pakistan. Pakistan Peoples Party managed to win 81 out of 138 seats reserved for West Pakistan in the National Assembly. The party also performed well in the Provincial Assembly polls of the Punjab and Sindh Assemblies.
The election results showed that the rightist parties were completely routed. The biggest reason for this was the division of votes among several candidates on almost every seat. Qayyum Muslim League, Council Muslim League, Convention Muslim League, Jamiyat-i-Ulema-i-Islam, Jamiyat-i-Ulema-i-Pakistan and Jamaat-i-Islami as a whole could only secure 37 National Assembly seats. National Awami Party and Jamiyat-i-Ulema-i-Islam emerged as the prominent parties in the N. W. F. P and Baluchistan Assemblies.

The Separation of East Pakistan [1971]

The separation of East Pakistan was a great setback to Pakistan. By 1970, sentiments for national unity had weakened in East Pakistan to the extent that constant conflict between the two Wings dramatically erupted into mass civil disorder. This tragically resulted in the brutal and violent amputation of Pakistan's Eastern Wing.
The physical separation of a thousand miles between the two wings without a common border, and being surrounded by Indian territory and influences, led to constant political, economic and social conflicts between the two wings; embittering relations bringing the country on the verge of collapse.
As a result of the separation of its Eastern Wing, Pakistan's international credit was depleted and the military, being its most powerful institution, suffered a lot. To some, the very concept of Pakistan as the homeland for the Muslims in Southeast Asia no longer appeared valid.
Trouble started right at the inception of Pakistan in 1947. Almost immediately, East Pakistan claimed that as their population (55 percent as compared to 45 percent in the West) was greater, they were in a majority. Democratically, the Federal Capital, therefore, should have been in Dhaka and not in Karachi.
Since Karachi was the seat of the National Government; ministers, government officials and industrialists exerted immense influence on national and regional affairs, which brought them many benefits. But the East Pakistanis were unable to extract the same kind of advantages, as they were a thousand miles away from the Capital. Moreover, the Capital initially attracted wealthy industrialists, businessmen, administrators, doctors and other professionals who had fled from India.
The location of the Capital, it was said, created great economic imbalance, uneven distribution of national wealth and privileges, and better jobs for the people of West Pakistan, because they were able to sway decisions in their own favor.
Secondly, Bengalis resented the vast sums of foreign exchange earned from the sale of jute from East, which were being spent on defense. They questioned how the expenditure for the Kashmir cause would be justified, when it could otherwise have been productively used to build dams and barriers to control floods, eradicate poverty and illiteracy, and supply food and shelter for the ever-growing population in East Pakistan.
Thirdly, the people of the East believed that it was sheer regional prejudice that all white-collar jobs were taken by West Pakistanis.
Many mistakes were made early in the short history of Pakistan. There lived in East Pakistan about 15 million Hindus who, with the help of their fellow West Bengali Indians from across the border, were able to exploit East-West differences that emerged as a result of these mistakes. Grievances were exaggerated to foster anti-West Pakistani feelings that eventually created Bengali Nationalism and separatist tendencies. Bengali political leaders went around depicting the Central Government and West Pakistan as hostile exploiters. However, no effective efforts were made by the Government to check these anti-national trends.
Awami League, formed in 1951, was headed by Sheikh Mujib-ur-Rahman. He had always been an ardent Bengali nationalist. He began to attract popular support from Bengalis in East Pakistan. He put forward his Six Points that demanded more autonomy for the Provinces in general, and East Pakistan in particular. He was arrested in April 1966, and soon released, only to be rearrested and imprisoned in June the same year. He languished in prison until February 1969.
Being deeply aware of the explosive political situation in the country, the then Chief Martial Law Administrator, Yahya Khan, set in motion moves to transfer power to the elected representatives of the people, and announced that the general elections would be held on October 5, 1970.
In all his election speeches, Sheikh Mujib-ur-Rahman reiterated his demand for implementation of his Six Points and provincial autonomy plans.
The 1970 elections were postponed from October to December due to heavy floods that caused immense destruction and havoc in East Pakistan. The sheer enormity of the disaster attracted worldwide attention. This gave Sheikh Mujib-ur-Rahman a golden opportunity to have an international audience for his anti-West Pakistan feelings, which he accused of brutal callousness. The Awami League gained much sympathy and benefit out of this suffering, and Sheikh Mujib-ur-Rahman and his people were portrayed on the international scene as victims of West Pakistan's indifference.
In the general elections held in December 1970, the Awami League achieved an overwhelming victory. They captured 167 seats, the highest number in East Pakistan and overall. In the West, the Pakistan Peoples Party had won 85 seats. The way was now open to draw up a new Constitution.
The Awami League, now overwhelmingly victors, stood firm on its Six Points plan and refused to compromise on that issue. The Peoples Party in the West maintained that the Six Points Program did not really permit a genuine federation. It was in fact a unique constitutional proposal that proposed a federation that had power only over defense and foreign policy.
Efforts were made to start a constitutional dialogue and narrow the differences between the two Wings, but all in vain. Mujib-ur-Rahman's adamant stand in support of his Six Points, and his proposal that East Pakistan should have a sovereign status independent of Pakistan, further aggravated the situation.
Mujib-ur-Rahman launched a non-cooperation movement. The civil administration was totally paralyzed. All government and educational institutions were closed. People were asked not to pay any taxes. The transport system came to a standstill. Factories and shops were shut. All government activities between both the Wings ceased. The Awami League setup a parallel government. Gangs of local Awami League freedom fighters, known as Mukti Bahini, led violent demonstrations and howled racial and anti-West Pakistan slogans, inciting the people to more violence.
Amidst these disturbances, Genaral Yahya decided to convene the National Assembly in March 1971. But Sheikh Mujib-ur-Rahman unexpectedly put forward other demands such as the immediate lifting of Martial Law and power transfer to the elected representatives of the people, prior to the National Assembly session.
Unfortunately, on March 23, the Republic Day of Pakistan, the Awami League declared "Resistance Day" and Bangladesh flags flew all over the Province. There was a great massacre. East Pakistan had reached a point of no return. To quash the armed rebellion of Awami League militants, the Pakistan Army struck its first blow on March 27, 1971. Yahya Khan chose to use force to bring law and order in the country.
In the meantime, India exploited Pakistan's dilemma to the full. It sought to wring full propaganda and strategic value for itself out of the Bengali suffering and misery. India launched an attack on East Pakistan on November 22, 1971. The use of modern Soviet missiles, geographical separation by a thousand miles lying across the hostile Indian territory, and the collusion of Mukti Bahini and the Indian Army, made Pakistan's military defeat in the East almost certain.
On December 10, 1971, the first feeler for surrender in East Pakistan was conveyed to the United Nations. On December 17, 1971, a formal surrender was submitted and accepted. Forty five thousand troops and an almost equal number of civilians of West Pakistan were taken as prisoners of war.
The text of the Instrument of Surrender document was as follows:
"INSTRUMENT OF SURRENDER"
The PAKISTAN Eastern Command agree to surrender all PAKISTAN Armed Forces in BANGLA DESH to Lieutenant-General JAGJIT SINGH AURORA, General Officer Commanding in Chief of the Indian and BANGLA DESH forces in the Eastern Theatre. This surrender includes all PAKISTAN land, air and naval forces as also all para-military forces and civil armed forces. These forces will lay down their arms and surrender at the places where they are currently located to the nearest regular troops under the command of Lieutenant- General JAGJIT SINGH AURORA.
The PAKISTAN Eastern Command shall come under the orders of Lieutenant-General JAGJIT SINGH AURORA as soon as this instrument has been signed. Disobedience of orders will be regarded as a breach of the surrender terms and will be dealt with in accordance with the accepted laws and usages of war. The decision of Lieutenant-General JAGJIT SINGH AURORA will be final, should any doubt arise as to the meaning or interpretation of the surrender terms.
Lieutenant- General JAGJIT SINGH AURORA gives a solemn assurance that personnel who surrender will be treated with dignity and respect that soldiers are entitled to in accordance with the provisions of the GENEVA Convention and guarantees the safety and well-being of all PAKISTAN military and para-military forces who surrender. Protection will be provided to foreign nationals, ethnic minorities and personnel of WEST PAKISTAN origin by the forces under the command of Lieutenant- General JAGJIT SINGH AURORA.
Signed:
(JAGJIT SINGH AURORA) Lieutenant-General General Officer Commanding in Chief Indian and BANGLA DESH Forces in the Eastern Theatre
(AMIR ABDULLAH KHAN NIAZI) Lieutenant-General Martial Law Administrator Zone B and Commander Eastern Command (PAKISTAN)
16 December 1971"
The surrender led to the disintegration of East and West Pakistan and the establishment of Bangladesh. After 25 years, the East Pakistanis declared themselves independent and renamed their Province as Bangladesh. Pakistan finally recognized Bangladesh at the Islamic Conference in Lahore on February 22, 1974.

Zulfikar Ali Bhutto becomes President [1971]

After the disastrous war with India that ingloriously concluded in December 1971, Pakistan had to face its greatest crisis since Independence. The dismembered Pakistan was left only with the four Provinces of West Pakistan; Punjab, Sindh, N. W. F. P. and Baluchistan. East Pakistan was now independent. Pakistan had lost a whole province of 70 million, 56 percent of the total population, and over 54,501 sq. miles of territory. There were 93,000 prisoners of war in India and Bangladesh. Pakistan's international credit was depleted.
President Yahya tried to act in a militaristic manner to impose law and order but the people's patience had been exhausted by this time. Military leadership had been discredited. Disillusionment, uncertainty and pessimism prevailed. People were no longer prepared to tolerate misgovernment. The public severely criticized and accused President Yahya and his Government for ineptness and inability that culminated with the 1971 national debacle.
Faced with these difficulties, President Yahya ceded power to Zulfiqar Ali Bhutto, Chairman of the Pakistan Peoples Party that had won the majority votes in the 1970 elections in West Pakistan. On the request of Zulfiqar Ali Bhutto, on December 6, 1971, Yahya Khan installed a civilian setup at the Centre and Nurul Amin, a prominent Bengali politician who was against Mujib-ur-Rahman, was made the Prime Minister. Z. A. Bhutto was made Deputy Prime Minister on the same day. Nurul Amin remained Prime Minister till December 20, 1971, the day when Bhutto took over as the civilian Chief Marshal Law Administrator.
A Pakistan International Airline flight was sent to fetch Bhutto from New York, who at that time was pleading Pakistan's case before the United Nations Security Council on the East Pakistan Crises. Bhutto returned home on December 18, 1971. On December 20, he was taken to the President House in Rawalpindi where he took over two positions from Yahya Khan, one as President and the other as Chief Martial Law Administrator. Thus he was the first civilian Chief Martial Law Administrator of the dismembered Pakistan.
The new President inherited a disturbed and desperate nation sobbing and suffering from an intangible loss of confidence. In this dismal hour, he addressed the nation and promised to fight back. He vowed to build a new Pakistan.
Bhutto's intentions to restore national confidence were in several shapes. He spoke about democracy, a new Constitution, and a modified federal and parliamentary system. He took steps to stabilize the situation by successfully negotiating the return of the 93,000 prisoners of war and a peaceful settlement with India. He took steps to ameliorate poverty and to revitalize the economy, industry and agriculture. He gave the third Constitution to the country and established civilian authority over the armed forces in the political setup.
In early 1972, Bhutto nationalized ten categories of major industries and withdrew Pakistan from the Commonwealth of Nations and S. E. A. T. O. On March 1, he introduced extensive land reforms. On July 2, 1972, he signed the Simla Agreement with India for exchange of the occupied territories and release of Prisoners of War.
After the 1973 Constitution was promulgated, Bhutto was elected by the House as the Prime Minister of Pakistan. He was sworn-in on August 14, 1973.

The Hamood-ur-Rahman Commission Report [1971]

In December 1971, within a week of replacing General Yahya as the President, Bhutto formed a commission headed by the Chief Justice of the Supreme Court, Justice Hamood-ur-Rahman. The Commission's responsibility was to ascertain the facts of the 1971 debacle. The commission interviewed 213 persons including General Yahya, Z. A. Bhutto, Chief of Air Force, Chief of Navy, senior commanders, and various political leaders. It submitted its first report in July 1972.
Originally there were 12 copies of the Report. These were all destroyed; expect the one that was handed over to Z. A. Bhutto. Neither Bhutto, nor the Army which took over in 1977, made the Report public. Though the Report remained classified, its contents were presumably learned from various writings and memoirs of the military officers narrating their side of the story of what the Hamood-ur-Rahman Inquiry Commission had to say. The report recommended public trials of the concerned officers responsible for the 1971 debacle.
The inquiry was reopened in 1974. The Commission again interviewed 73 bureaucrats and top military officers and submitted its supplementary report in November 1974. It was this supplementary report that was presumably published by an Indian magazine in August 2000, and afterwards allowed to be published in the Pakistani press. Publicizing of the Report by the Indian media was not a surprise since it had come out at a time when there was international pressure mounting on India to resolve the Kashmir dispute. Immense human rights violations were being reported by international organizations such as Amnesty International and Asia Watch with reference to the role of Indian Security Forces in the Indian-held Kashmir. The publication of the Report was seen in Pakistan as an attempt by India to divert the world attention from its inhumane and unjustified actions in Kashmir.
Volume I of the main report dealt with political background, international relations, and military aspects of the events of 1971. Volume I of the supplementary report discussed political events of 1971, military aspect, surrender in East Pakistan and the moral aspect.
A large number of West Pakistanis and Biharis who were able to escape from East Pakistan told the Commission awful tales of the atrocities at the hands of the Awami League militants. It was revealed that many families of West Pakistani Officers and other ranks serving with East Bengal Units were subjected to inhuman treatment. Their erstwhile Bengali colleagues had butchered a large number of West Pakistani Officers.
As the tales of slaughter reached West Pakistani soldiers of other Units, they reacted violently, and in the process of restoring the authority of the Central Government, committed severe excesses on the local Bengali population. The Report's findings accuse the Army of carrying out senseless and wanton arson, killings in the countryside, killing of intellectuals and professionals and burying them in mass graves, killing of Bengali Officers and soldiers on the pretence of quelling their rebellion, killing East Pakistani civilian officers, businessmen and industrialists, raping a large number of East Pakistani women as a deliberate act of revenge, retaliation and torture, and deliberate killing of members of the Hindu minority.
Having dealt with the claim of General Niazi that he had no legal option but to surrender, the Commission proceeded to consider whether it was necessary for General Niazi to surrender, and whether he was justified in surrendering at that particular juncture, for most of the messages that emanated from the General Head Quarters were studiously ambiguous and designed. Secondly, General Farman Ali had suggested to him that instead of ordering surrender en masse, he should leave it to each Divisional Commander to surrender or not, according to his own circumstances. It was pointed out in the Report, that despite the assurances given by the Chief of Staff of the Indian Army and the terms of surrender, the killing of loyal East Pakistani population, West Pakistani civilians, and civil armed forces by the Mukti Bahini started in full swing soon after Army's surrender.
It was maintained in the Report that the defeat suffered by the armed forces was not a result of military factors alone, but had been brought about as the cumulative result of political, international, moral and military factors. The political developments that took place between 1947 and 1971, including the effects of the two Martial Law periods, hastened the process of political and emotional isolation of East Pakistan from West Pakistan.
The dismemberment of Pakistan was also accelerated by the role played by the two major political parties, Awami League and the Pakistan Peoples Party, in bringing about a situation that resulted in postponement of the National Assembly session, scheduled to be held at Dhaka on the March 3, 1971. The events occurring between March 1 and 25, 1971, when the Awami League had seized power from the Government, resulting in the military action of March 25, 1971, were deplorable. The Commission also touched upon the negotiations, which General Yahya Khan was pretending to hold during this period with Sheikh Mujib-ur-Rahman on the one hand, and political leaders from West Pakistan on the other. Although he never formally declared these negotiations to have failed, yet he secretly left Dhaka on the evening of March 25, 1971, leaving instructions behind for military action to be initiated as soon his plane landed at Karachi.
The Commission declared that military action could not have been substitute for a political settlement, which was feasible once law and order had been restored within a matter of few weeks after the military action. No serious effort was made to start a political dialogue with the elected representatives of the people of East Pakistan. Instead fraudulent and useless measures were adopted. The use of excessive force during the military action had only served to alienate the sympathies of the people of East Pakistan. The arbitrary methods adopted by the Martial Law Administration in dealing with respectable citizens of East Pakistan and their sudden disappearances made the situation worse. The attitude of the Army authorities towards the Hindu minority also resulted in a large-scale exodus to India.
Although General Yahya Khan was not totally unaware of the avowed intention of India to dismember Pakistan, he didn't realize the need for early political settlement with the political leaders of East Pakistan. There was wastage of considerable time during which the Indians mounted their training program for the Mukti Bahini and freely started guerillas raids into the Pakistan territory. Pakistan Army was almost unable to prevent infiltration of Mukti Bahini and Indian agents all along the borders of East Pakistan. In the presence of these two factors, the Pakistan Army was obviously fighting a losing battle from the very start.
There had been a large exodus of people from East Pakistan to India, as a result of the military action. The results of Indian efforts to propagate this refugee problem on an international level cannot be undermined. The Indian propaganda was so forceful that all endeavors made by the military regime in Pakistan to defuse the situation proved to be futile and left the world unimpressed. The mutual assistance treaty signed between India and the U. S. S. R. in August 1971 further aggravated the situation.
No rational explanation was available as to why General Yahya did not take the dispute to the Security Council immediately after the Indian invasion of East Pakistan on November 21, 1971. Nor was it possible to explain his refusal to accept the first Russian resolution, if indeed the situation in East Pakistan had become so critical that surrender was inevitable. The Army High Command did not carry out any in-depth study of the effect of these new factors, nor did it pay any attention to the growing disparity in war preparedness and capability between the armed forces of Pakistan and India as a result of the Indo-Soviet Treaty of August 1971.
The traditional concept of defense adopted by the Pakistan Army that the defense of East Pakistan lays in West Pakistan was never implemented in a determined and effective manner. The concept remained valid, and if ever there was need to invoke this concept, it was on November 21, 1971, when Indian troops crossed the East Pakistan borders in naked aggression. Unfortunately, the delay in opening the Western front and the half-hearted and hesitant manner in which it was ultimately opened only helped in precipitating the catastrophe in East Pakistan. Besides, the detailed narrative of events, as given in the supplementary report, clearly shows that the planning was hopelessly defective. There was neither any plan at all for the defense of Dhaka, nor any concerted effort to stem the enemy onslaught with a Division or a Brigade battle at any stage. It was only when the General found himself gradually being surrounded by the enemy which had successfully reached Faridpur, Khulna, Daudkandi and Chandpur (the shortest route to Dhaka), that he began to make frantic efforts to get the troops back for the defense of Dhaka.
The Report maintained that there was no actual order to surrender. In view of the desperate picture painted by the Commander Eastern Command, higher authorities gave him permission to surrender if he, in his judgment, thought it necessary. General Niazi could have opted not to surrender if he thought that he had the capability of defending Dhaka. On his own estimate, he had 26,400 men to hold out for another two weeks. The enemy would have taken a week to build up its forces and another week to reduce the fortress of Dhaka. But evidence showed that he had already lost the will to fight after December 7, 1971, when his major fortresses at Jessore and Brahmanbari had fallen. Detailed accounts of witnesses given to the Commission indicate that Lt-General Niazi had suffered a complete moral collapse during the closing phases of the war.
It had been concluded that apart from the political, international and military factors, an important cause for defeat of the Pakistan Army was the lack of moral character and courage in the senior Army Commanders. The process of moral degeneration among the senior ranks of the armed forces was set in motion by their involvement in Martial Law duties in 1958. These tendencies were intensified when General Yahya Khan imposed Martial Law in the country once again in March 1969. A large number of senior army officers had not only indulged in large-scale acquisition of lands and houses and other commercial activities, but had also adopted highly immoral and lewd ways of life, which seriously affected their professional capabilities and their qualities of leadership. It appears that they had lost the will to fight and the ability to take vital and critical decisions required for the successful prosecution of the war. These remarks particularly applied to General Yahya Khan, his close associates, General Abdul Hamid Khan, Major General Khuda Dad Khan and Lt-General A. A. K. Niazi, apart from certain other officers. The Commission recommended that these grave allegations be dealt with seriously.
The surrender in East Pakistan had been a tragic blow to the nation and had caused, not only dismemberment of Pakistan, but also shattered the image of Pakistan Army as an efficient and excellent fighting force. In the end it was hoped in the Report that the Nation would learn the necessary lessons from these tragic events, and that effective and early action will be taken in the light of the conclusions reached.
The Hamood-ur-Rahman Commission Report is a valuable document. It was prepared with the explicit purpose of not repeating the various mistakes committed by the Army, General Yahya Khan and Z. A. Bhutto, which resulted in the separation of East Pakistan. Writings and memoirs disclose that apart from its inquiry into the 1971 crisis, it also makes thoughtful recommendations about the defense of the country as a whole.

The Simla Agreement [1972]

After the 1971 war, India held prisoner around 93,000 Pakistani troops and civilians. In Pakistan there was a growing demand to get these prisoners released with the result that a Summit Conference between Pakistani President, Zulfiqar Ali Bhutto and the Indian leader, Mrs. Gandhi, was held at Simla from June 28 to July 2, 1972. The two countries reached an agreement on July 2. The agreement contained the elements of an earlier Indian draft, but the wording was considerably modified. In particular the clause referring to the ceasefire line in Kashmir was rephrased as to make it acceptable to Pakistan.

The broad features of this pact included that the principle and purpose of the charter of United Nations would govern the relations between the two countries. The two countries resolved to settle their differences by peaceful means through bilateral negotiations. The foremost conditions for understanding, good neighborly relations, and stable and lasting peace were laid that no country would interfere with the other country's internal matters on the basis of mutual respect for peace, security, territorial sovereignty, mutual friendship and equality.

It was reiterated again in the agreement that efforts would be made to put an end, as far as possible, to all such disputes and differences that have been the cause of dissension between the two countries for the last 25 years. Both governments also agreed to take all steps within their power to prevent hostile propaganda directed against each other.

In order to progressively restore and normalize relations between the two countries, it was agreed that steps would be taken to resume communications, postal service, and promote and facilitate travel by sea, land and air. Trade and cooperation in economic and other agreed fields would also be resumed.

In order to initiate the process of durable peace, both the governments agreed that Indian and Pakistani forces would be withdrawn to their sides of the international border. The control line between Jammu and Kashmir would be the same as was on December 17, 1971. Both the countries would respect the international border and the withdrawal of the armies would be completed within 30 days of the implementation of the agreement.

Leaders of both the countries agreed at Simla to meet again at a mutually agreed time so that representatives of both the countries could discuss more arrangements for durable peace, including matters relating to prisoners of war, local prisoners, final settlement of Jammu and Kashmir dispute and diplomatic relations. As a consequence of the clauses pertaining to the withdrawal of forces, Indian troops withdrew from the 5,139 sq. miles of Pakistani territory in Punjab and Sindh it had occupied during the war. Similarly, Pakistani troops withdrew from 69 sq. miles of territory in Punjab and Rajasthan. In Kashmir, India retained 480 sq. miles and Pakistan 52 sq. miles.

Pakistan ratified the Simla Agreement on July 15 and India on August 3, after which the agreement came into effect on August 4, 1972.

The Constitution of 1973

The Bhutto Government's first achievement was the preparation of a Constitution for the country. The most prominent characteristic of this Constitution was that it accommodated proposals from the opposition parties and hence almost all the major political parties of the country accepted it. The National Assembly approved the 1973 Constitution on April 10, 1973, and it came into effect on August 14. Bhutto took over as the Prime Minister of Pakistan from this date and Fazal Ilahi Chaudhry was appointed as the President of Pakistan.
The Constitution of 1973 opens with a Preamble. This is the preliminary part of the Constitution in which broad features of the Constitution have been explained. The first Article of the Constitution declares Pakistan as a Federal Republic to be known as the Islamic Republic of Pakistan. Islam was declared as the State religion of Pakistan. Pakistan was to be a Federation of four federating Units, Punjab, Sindh, N. W. F. P. and Baluchistan.
The Constitution was parliamentary in nature. Article 41 of the Constitution lay down that the President was to be the Head of the State. The President was to be a Muslim above 45 years of age and was to be elected by a joint sitting of members of the Parliament for 5 years. He could be re-elected but could not hold office for more than two terms. The President was to act on the advice of the Prime Minister of Pakistan. The President could be removed on the grounds of physical or mental incapacity or impeached on charges of violating the Constitution or gross misconduct. The President was authorized to appoint the Attorney General, Judges of Supreme Court and High Courts, and the Chief Election Commissioners. In the Provincial Government, each province was to have a Governor appointed by the President. The appointment of Federal Ministers and Ministers of the State from amongst the members of the Parliament was at the Prime Minister's disposal.
The 1973 Constitution set up a bicameral legislature at the Center consisting of two Houses, the National Assembly and the Senate. The National Assembly consisted of 200 seats elected directly for duration of five years. The President on the advice of the Prime Minister could dissolve the National Assembly. The Senate was to consist of 63 members; each province was to elect 14 members. In the Provincial Government, each province will have a Governor appointed by the President. The Provincial Assembly for each province consisted of 240 seats for the Punjab, 100 seats for Sindh, 80 seats for N. W. F. P., and 40 seats for Baluchistan.
The 1973 Constitution provided a free and independent Judiciary. The Constitution guaranteed a right to the citizens; to be protected by law, and imposed two duties on them, loyalty to the Republic and obedience to the law. Any person who was found to abrogate or attempt or conspire to abrogate or subvert the Constitution was to be treated guilty of high treason. The Constitution conferred several kinds of fundamental rights to the people such as the right to life, liberty, equality and freedom of speech, trade and association. The Constitution also declared the laws inconsistent with or in derogatory to fundamental rights as null and void.
In light of the previous experience, the Constitution of 1973 was more Islamic in character than the previous ones. Emphasis was made to establish a real Islamic system in all aspects of social life. Keeping this objective in mind, more Islamic provisions were laid down in the Constitution of 1973. The Constitution recognized Islam as the religion of the country and enjoined upon the State to serve the cause of Islam and to bring all existing laws in conformity with Islam. The Islamic Advisory Council was set up to recommend ways and means to bring existing laws of the country in conformity with the Islamic principles.
The Constitution of 1973 remained in force for nearly four years. It was, however, suspended by General Muhammad Zia-ul-Haq, who imposed Martial Law in the country on July 5, 1979. However, General Muhammad Zia-ul-Haq who ran the country with Martial Law passed the Eighth Amendment in the Constitution in 1985. This Amendment empowered the President to dissolve the National Assembly under Article 58(2) b. This Article was later repealed by the Parliament during Nawaz Sharif's era through Thirteenth Amendment introduced on April 1, 1997. The Thirteenth Amendment was in turn repealed by the Legal Framework Order of 2002, which effectively restored the discretionary powers of the President enacted by the Eighth Amendment.

Zulfikar Ali Bhutto becomes Prime Minister [1973]

After the promulgation of the 1973 Constitution, the elections for the President, Prime Minister, Chairman of Senate, Speaker and Deputy Speaker of the National Assembly were to be undertaken. The 1973 Constitution had adopted a federal parliamentary system for the country in which the President was only a figurehead and the real power lay with the Prime Minister.
Z. A. Bhutto was sworn in as the Prime Minister of the country on August 14, 1973, after he had secured 108 votes in a house of 146 members. Fazal Ilahi Chaudhry was elected as the President under the new Constitution.
During his period, six amendments were carried out in the 1973 Constitution. The First Amendment led to Pakistan's recognition of Bangladesh. The Second Amendment in the constitution declared the Ahmadis as non-Muslims. The rights of the detained were limited under the Third Amendment while the powers and jurisdiction of the courts for providing relief to political opponents were curtailed under the Fourth Amendment. The Fifth Amendment passed on September 15, 1976, focused on curtailing the power and jurisdiction of the Judiciary. This amendment was highly criticized by lawyers and political leaders. The main provision of the Sixth Amendment extended the term of the Chief Justices of the Supreme Court and the High Courts beyond the age of retirement. This Amendment was made in the Constitution to favor the then Chief Justice of the Supreme Court who was supposed to be a friend of Bhutto.

The Bhutto Government carried out a number of reforms in the industrial sector. His reforms were twofold; nationalization, and the improvement of workers' rights. In the first phase, basic industries like steel, chemical and cement were nationalized. This was done in 1972. The next major step in nationalization took place on January 1, 1974, when Bhutto nationalized all banks. The last step in the series was the most shocking; it was the nationalization of all flour, rice and cotton mills throughout the country.
This nationalization process was not as successful as Bhutto expected. Most of the nationalized units were small businesses that could not be described as industrial units, hence making no sense for the step that was taken. Consequently, a considerable number of small businessmen and traders were ruined, displaced or rendered unemployed.
In the concluding analysis, nationalization caused colossal loss not only to the national treasury but also to the people of Pakistan. During his period as the Prime Minister, a number of land reforms were also introduced. The important land reforms included the reduction of land ceilings and introducing the security of tenancy to tenant farmers. The land ceiling was fixed to 150 acres of irrigated land and 300 acres of non-irrigated land. Another step that Bhutto took was to democratize Pakistan's Civil Service.

Fazal Ilahi becomes President [1973]

After the promulgation of the 1973 Constitution, Zulfiqar Ali Bhutto was sworn in as the Prime Minister of the country, and Fazal Ilahi Chaudhry became the President of Pakistan, on August 14, 1973, for a term of five years. Fazal Ilahi was a mere figurehead since all power and authority rested with the Prime Minister. He was allowed to continue as the President of Pakistan till 1978, although the army took over the reigns of power in July, 1977. He was relinquished from the office at his own request on September 16, 1978.
General Muhammad Zia-ul-Haq was sworn in as the next President of Pakistan, in addition to being the Chief Martial Law Administrator and the Chief of Army Staff.

General Elections 1977

According to the original schedule, the second general elections in the history of Pakistan, and the first after the dismemberment of the country, were to be held in the second half of 1977. However, on January 7, 1977, Bhutto announced that the elections would be held earlier. On January 10, Justice Sajjad Ahmad Jan, Chief Election Commissioner, announced the election schedule and declared January 19 and 22 as the last date for receipt of nominations for National Assembly and Provincial Assemblies, respectively. To many, the idea was not to give sufficient time to the opposition in order to make decisions and arrangements for the forthcoming elections. Election symbols were allocated to all the political parties. The total registered voters in the country were 30,899,052. Two hundred and fifty five Returning Officers were appointed for the National Assembly elections by the Election Commission.
Immediately after the announcement, Bhutto started his election campaign. The first step he took was the allocation of tickets to his party men. Unlike the 1970 elections, when Pakistan Peoples Party mainly banked on socialistic slogans, this time Bhutto also relied on political heavyweights. A number of feudal lords and other influential persons were allocated party tickets. Bhutto himself held public meetings all over the country, and to get further support from the common man, he announced labor reforms on January 4, and a second set of land reforms on January 5. The attendance in the public meetings was amazing in all parts of the country, especially in interior Sindh and Punjab. The opposition blamed Bhutto for using Government machinery in running his election campaign.
The biggest problem for Bhutto and his Pakistan Peoples Party was that nine important parties of the opposition had joined hands and formed an alliance, named as Pakistan National Alliance. P. N. A. decided to contest the elections under one election symbol "plough" and a green flag with nine stars as its ensign. Throughout their election campaign, instead of giving their own agenda, P. N. A. leadership mainly concentrated on echoing the alleged misdeeds of Bhutto's Government, corruption, mismanagement of national wealth, heavy expenditures on administration and disastrous economic policies evidenced by inflation. The P. N. A. leaders also exploited the deteriorating law and order situation and misuse of law enforcing agencies against the political opponents. They claimed that the fundamental rights had been curtailed during Bhutto's era.
P. N. A. managed to exploit anti-Bhutto sentiments among a huge section of masses and thus their election campaign received an unexpectedly positive response. Their claim, that their manifesto was Quran, also helped them in winning over a sizable number of voters from all over Pakistan. The attendance in P. N. A. public meetings and rallies was at times unexpected, even for the Alliance leadership itself.
Finally the elections were held on March 7 in which Pakistan Peoples Party managed to win 155 out of 200 seats in the National Assembly. The results of the elections astonished political pundits both inside and outside Pakistan. Pakistan National Alliance was only able to win 36 National Assembly seats. To add insult to injury, the Alliance could only win 8 out of 116 seats of the National Assembly from Punjab, and failed to win even a single seat from Lahore and Rawalpindi, cities in which they had organized big public gatherings and processions.
Pakistan National Alliance leaders protested that there had been a systematic rigging of election results to defeat them. At many places, particularly where the P. N. A. candidates were strong, the polling was alleged to have been blocked for hours. There were also reports that P. P. P. armed personnel in police uniform removed ballot boxes. Marked ballot papers were also found on the streets in Karachi and Lahore. Rumors quickly circulated that the results in key constituencies were issued directly from the Prime Minister's office. P. N. A. boycotted the provincial elections. P. P. P. resorted to bogus voting merely to prove that voters had come to cast their ballot. Overall P. P. P. gained 99 percent seats. The voting figures showing the success of the P. P. P. candidates often surpassed the actual number that turned up for voting.
At last Martial Law was imposed by Zia-ul-Haq who appointed a committee to inquire into the alleged rigging of the National Assembly polls. This committee was reported to have found a blueprint of the plan of rigging from the Prime Minister House. The inquiry committee alleged that Bhutto had prepared this plan as early as April 1976, under the title of "A Model Election Plan", later known as the "Larkana Plan". In an interview to Associated Press of Pakistan, Sajjad Ahmad Jan, the Chief Election Commissioner admitted that the failure of the electoral process was by and large due to the candidates of the ruling party, who exploited their position and party machinery and thus destroyed the sanctity of the ballot box.

Ouster of Zulfiqar Ali Bhutto

Ever since Zulfiqar Ali Bhutto took over the responsibilities of governance, there was a strong group in the country that was not ready to accept him. They considered him as one of the players who were involved in the dismemberment of Pakistan. This hatred was further enhanced by the authoritarian style of his governance. His policy of suppressing the opposition and interference in the affairs of the Provinces proved to be the major factor for the unity of the rightist and the leftist political parties against him. As early as March 1973, opposition parties in the National Assembly set a common platform, called United Democratic Front, to counter the anti-opposition steps of Bhutto's Government. However, the opposition emerged as a significant force against Bhutto at the macro level for the first time when elections were announced in January 1977. The opposition decided to join hands against Bhutto and contest the election from a common platform, the Pakistan National Alliance.
Formation of P. N. A. proved to be the beginning of the decline of Bhutto. During the elections, the Establishment showed its biased attitude towards P. N. A. which made the Alliance even more popular among the masses. Most of the public meetings of P. N. A., especially in the big cities like Karachi, Lahore and Rawalpindi, were immensely successful. Yet the result of March 7 elections astonished everyone as P. P. P. swept the polls and P. N. A. was only able to win 36 seats in the National Assembly. P. N. A. leadership did not accept the results and accused the Government of systematic rigging. P. N. A. Executive Council decided to boycott the Provincial Assemblies' polls and demanded for immediate resignation of Bhutto, replacement of the Chief Election Commissioner, and fresh election of National Assembly seats under the supervision of Judiciary and the Army.
When Bhutto refused to accept the demands of P. N. A., leadership of the Alliance decided to bring the people onto the streets, to break law deliberately, and to confront the police and the security forces. P. N. A. leaders called upon the people to stage countrywide strikes and organize protest marches. The followers fully responded to the call and a full-fledged political movement started. The business community wholeheartedly joined Alliance. P. N. A. used mosques to stimulate the masses and tried to create an impression that they were only working for the enforcement of Nizam-i-Mustafa. They criticized the socialistic attitude of Bhutto and alleged that he had lost his faith in Islam. The ulema whipped up emotions for a Jihad to save Islam, which they thought was in danger from an evil regime. The bar associations across the country also began to register their strong protest against the electoral fraud and denounced the post-election policy of repression.
Initially Bhutto put a deaf ear to the demands of P. N. A. and debunked opposition's charges that his landslide victory was a result of rigging. He used police and F. S. F. against Alliance's activities and its top leadership was arrested and put behind the bars. Martial Law was enforced in three main cities of Karachi, Lahore and Hyderabad. Curfew was imposed in the rest of the big cities of the country and Army was called to maintain law and order.
However, the intensity of the situation made Bhutto realize that it was not possible to suppress the movement by force. In the beginning of May, Bhutto changed his policy and started to explore the option of a dialog. Some P. N. A. leaders were released and brought to Sihala for negotiations in the first week of June. Bhutto showed his willingness to hold elections in November 1977, and offered five ministries to the P. N. A. candidates during the interim period. But P. N. A. team insisted on 50 percent representation in the Cabinet and demanded elections before August 14. Bhutto eventually accepted almost all the demands of P. N. A. and the stage was set for a compromise. Signing of the agreement was held in abeyance as he went abroad for a tour of Saudi Arabia, Libya, U. A. E., Kuwait and Iran. His tour was termed as dilatory tactics and again there seemed to be a deadlock.
It was in these conditions that Chief of the Army Staff, General Zia-ul-Haq, imposed Martial Law in the country on July 5, 1977, and sent Bhutto behind the bars. General Zia said, "Had an agreement reached between the opposition and the Government, I would certainly never have done what I did".

Martial Law under General Zia-ul-Haq [1977-1985]

Elections were held on March 7, 1977. The Pakistan Peoples Party won these elections, but was accused by their opponents, Pakistan National Alliance, of rigging the elections. On March 14, 1977, the Alliance started a series of nationwide protests. Talks between the Alliance and Bhutto government were held in June 1977 and an agreement was reached, but it could not be implemented.
Fresh elections were announced for October 15, 1977. But on July 5, 1977, the Chief of Army Staff, General Muhammad Zia-ul-Haq, imposed Martial Law and the elections were postponed. General Zia-ul-Haq announced holding of elections within 90 days.
A conference of political leaders was held in February 1978, but a year later, in 1979, General Zia-ul-Haq declared political parties to be defunct and certain political leaders were disqualified.
Under General Zia's Martial Law, there was steady economic growth favoring the private sector, and efforts were made to Islamize the political, legal and economic structures. Pakistan gained the status of Most Favored Nation from the United States following the Soviet invasion of Afghanistan in December 1979. Vast amounts of military equipment and aid were donated to Pakistan to help the four million Afghan refugees who crossed into Baluchistan and North West Frontier Province.
On February 6, 1981, Movement for Restoration of Democracy was established to return democracy to Pakistan. A provisional Constitution was enforced on March 23, 1981, as the Constitution of 1973 had been suspended with the imposition of Martial Law.
Finally, after the nomination of Muhammad Khan Junejo as Prime Minister of Pakistan on March 20, 1985, Junejo fulfilled his promise of lifting the Martial Law and the restoration of the fundamental rights, but at the price of enforcement of the Eighth Amendment and the validation of the Revival of the Constitutional Order.

Referendum 1984

General Zia wanted to establish a pseudo-democracy in Pakistan, with a continuation of him as President under a civilian setup. Zia took a number of steps in this direction; the first was the establishment of the Majlis-i-Shoora. The Majlis-i-Shoora was to take the place of the National Assembly, but was to be without any legislative powers. General Zia's second step was to ask the public to endorse his rule. This appeal was in the form of a referendum, which was so worded that a "Yes" meant that Zia himself would be further endorsed, even though the referendum did not refer to this directly. The Referendum Order 1984 put forward a complex question to the citizens, but in essence, seeking endorsement of the process of Islamization initiated by General Zia.

The question read as follows:
"Whether the people of Pakistan endorse the process initiated by General Muhammad Zia-ul-Haq, the President of Pakistan, for bringing the laws of Pakistan in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (PBUH) and for the preservation of the Islamic ideology of Pakistan, for the continuation and consolidation of that process, and for the smooth and orderly transfer of power to the elected representatives of the people."
The question was, by all standards, a very complicated and complex one, particularly for the uneducated rural class. It was a loaded question that simply asked, "Do you wish Pakistan to be an Islamic state?" An affirmative vote in the referendum was to result in a five-year term for Zia as President of Pakistan.

The referendum was held on December 19, 1984. The Movement for the Restoration of Democracy boycotted the elections. The results of this referendum showed the people voted in favor of Zia, though the M. R. D. claimed that a very small percentage of people actually showed up to vote. Zia rejected this claim and declared that he had been given public support to continue as President of Pakistan for the next five years

As a result of the referendum, the Chief Martial Law Administrator General Muhammad Zia-ul-Haq became the President of Pakistan. After the referendum, General Zia announced that the elections for the National and Provincial Assemblies would be held in February 1985, on a non-party basis.

General Elections, February 1985

After the 1984 referendum, General Zia announced elections of the National and Provincial Assemblies in February 1985. The elections were to be held on a non-party basis, which was legalized through an amendment to the 1973 Constitution. Each candidate had to be supported by at least 50 people to be able to contest in the elections. In a nationwide speech on January 12, 1985, General Zia also announced various other conditions for the elections. Amendments were made in the Political Parties Act of 1962. These amendments affected all political parties. The opposition parties, M. R. D., boycotted the elections, as their demands for party-based elections and restoration of the 1973 Constitution were not met.
The elections for the National and Provincial Assemblies were held in 1985 on February 25 and 28, respectively. The successful boycott of the 1984 referendum caused the M. R. D. to miscalculate their next step. Being confident of public opinion, they boycotted these elections as well. Contrary to expectations, the voters turned to the polls in large numbers. Surprisingly, many political leaders, including former Members of National and Provincial Assemblies, and Advisors, who had seemed popular in their appeals, could not win from their constituencies. The people elected many new faces. The M. R. D. soon realized that it had miscalculated badly, that it should have fought the elections on Zia's terms. An alternative leadership was in place with many of the old political leaders routed out.
The general elections to the National and Provincial Assemblies were held peacefully and with a large participation of the people. Total voter turnout for the National Assembly was 53.69 percent. In the Provincial Assemblies elections, where the constituencies were smaller and the contest harder, the turnout of the voters was even better. It was 57.37 percent nationwide. The newly elected National Assembly was to replace the Majlis-i-Shoora and was to have legislative powers as well. Muhammad Khan Junejo was appointed as the Prime Minister and he formed the government. It was this newly elected Assembly that set the tone for later years by incorporating the controversial Eighth Amendment in the Constitution of Pakistan.

Islamization Under General Zia-ul-Haq

When General Zia-ul-Haq took over as the Chief Martial Law Administrator on July 5, 1977, Islamization was given a new boost. General Zia-ul-Haq was a practicing Muslim who raised the slogan of Islam. The Islamic sentiment has always been fully alive in Pakistan. Various governments have used this to their benefit. There are people who doubt Zia's reasons for raising the Islamic slogan; whether it was for political purposes to counter balance Bhutto's appeal or was it to enforce Islam in its true sense.
In his first address to the nation, he declared that Islamic laws would be enforced and that earnest attention would be devoted towards establishing the Islamic society for which Pakistan had been created. General Zia wanted to bring the legal, social, economic and political institutions of the country in conformity with the Islamic principles, values and traditions in the light of Quran and Sunnah, to enable the people of Pakistan to lead their lives in accordance to Islam.
The Government of Zia-ul-Haq took a number of steps to eradicate non-Islamic practices from the country. He introduced the Zakat, Ushr, Islamic Hadood and Penal Code in the country. The Government invited eminent scholars to compile laws about Islamic financing. The Zakat and Ushr Ordinance to Islamize the economic system was promulgated on June 20, 1980. It covered only Islamic organizations, associations and institutions. Zakat was to be deducted from bank accounts of Muslims at the rate of 2.5 percent annually above the balance of Rupees 3,000. Ushr was levied on the yield of agricultural land in cash or kind at the rate of 10 percent of the agricultural yield, annually.
The Government appointed Central, Provincial, District and Tehsil Zakat Committees to distribute Zakat funds to the needy, poor, orphans and widows. Shias were exempted from Zakat deduction from their accounts due to their own religious beliefs. The Zakat was to be deducted by banks on the first day of Ramazan.
A Federal Shariah Court was established to decide cases according to the teachings of the Holy Quran and Sunnah. Appeals against the Lower and High Courts were to be presented before the Shariah Court for hearing. Blasphemy of the Holy Prophet (S. A. W.) would now be punishable by death instead of life imprisonment.
Zia-ul-Haq selected his Majlis-i-Shoora in 1980. It was to be the Islamic Parliament and act as the Parliament of Pakistan in place of the National Assembly. Most of the members of the Shoora were intellectuals, scholars, ulema, journalists, economists and professionals belonging to different fields of life. The Shoora was to act as a board of advisors for the President.
A number of other Islamization programs were carried out including the teaching of Islamic Studies and Arabic, which were made compulsory. Pakistan Studies and Islamic Studies were made compulsorily for B. A., B. Sc., Engineering, M. B. B. S., Commerce, Law and Nursing students. For professional studies, extra marks were given to people who were Hafiz-e-Quran. The first Ombudsman was appointed to rectify the misadministration of the Federal Government, officials and agencies.
A Shariah Council consisting of ulema was established to look into the constitutional and legal matters of the State in order to bring them in line with Islamic thought. Since Islam does not allow interest, On January 1, 1980, Muhammad Zia-ul-Haq introduced a "Profit and Loss Sharing System" according to which an account holder was to share the loss and profit of the bank. The media was also targeted. Television especially was brought under the Islamization campaign, news in Arabic were to be read on both television and radio, female anchor persons were required to cover their heads, the Azan was relayed regularly on radio and television to announce time for prayers.
In the armed forces, the status of the religious teachers was raised to that of a Commissioned Officer. This was done to attract highly qualified individuals from the universities and religious institution to serve on such assignments.
As the government grew further in its Islamic leanings, the numbers of mosques were increased. Ordinance for the sanctity of Ramazan was introduced to pay reverence to the holy month of Ramazan. The Ordinance forbade public drinking and eating during the holy month of Ramazan. A three months imprisonment and a fine of Rupees 500 were imposed for violating the Ordinance. A program to ensure the regularity of prayers called the Nizam-i-Salaat was launched by General Zia himself.
Zia's Government introduced the Hadood Ordinance for the first time in Pakistan, which meant the punishments ordained by the Holy Quran or Sunnah on the use of liquor, theft, adultery and qazf. Under this Ordinance, a culprit could be sentenced to lashing, life imprisonment and in some cases, death by stoning.
The Islamic laws of Zia also included laws for women. Zia put forward the theory of "Chadar Aur Chaar Devari" and this was to be applied to women. Thus, for the first time, a woman could be flogged for adultery. If a rape was reported, four witnesses were to be provided otherwise, legally, the rape could be termed adultery. Another law, The Law of Evidence, under the Shariah laws proposed that the testimony of a woman was not equal to that of a man. In legal matters, two women would have to stand witness against the testimony of one man. The status of women was thus arbitrarily cut in half by Zia. There was little consensus amongst Muslim authorities over this law. The lack of consensus among the re1igious authorities combined with countrywide protests forced Zia to hold back on making the Shariah law the law of the country.
General Zia-ul-Haq wanted to make Pakistan the citadel of Islam so that it could play an honorable and prominent role for the Islamic world. The steps taken by General Zia were in this direction and had a long-term impact; the Zakat tax introduced by General Zia still holds and so does many of his the other laws.

The Afghan War Settlement

In 1979, Russian forces invaded Afghanistan. Communism came to the threshold of Pakistan when forces led by Babrak Karmel overthrew the Government of Afghanistan. Some 120,000 Russian troops entered Afghanistan .The Afghan people organized a resistance force against this blatant aggression. The Soviet forces suffered greatly in terms of manpower and material, and the Afghan War proved expensive even for a world power like the Soviet Union.
It has always been said about Afghanistan that it can be invaded and occupied easily but it is very difficult to hold and control it. Afghans have a history of resisting foreign invaders. The British imperial power failed in all three attempts to occupy and control Afghanistan. The Soviets were to learn the same lesson. In the beginning, the Soviet army was successful in occupying and controlling Afghanistan.
General Zia stood against the spread of communism. He reiterated his solution to the Afghanistan crisis in 1983 in New Delhi. He said that Pakistan has given political asylum to millions of Afghans. He demanded the expulsion of Russian forces from Afghanistan. America responded to the call of Pakistan and flooded Pakistan with monetary help to finance the anti-communist regime in Afghanistan and to equip the freedom fighters. The freedom fighters, the mujahideen, put forward a strong resistance to the Russian invasion. Although the Afghans suffered enormous causalities in the beginning of the war but the turning point in the war came when the U. S. supplied them with surface-to-air Stinger missiles.
General Zia's gamble in resisting the Russian invasion in Afghanistan paid him huge dividends. On the domestic front his policy of Islamization became more relevant as it was seen that in the neighboring Afghanistan, Islam was in danger. As Pakistan was a frontline state, huge amounts of money, military equipment and aid arrived in Pakistan. The huge amounts of aid that poured in propped up Zia's government. With the Afghan problem, a new phase of modernization of the military began. The arms provided to Afghanistan freedom fighters were also provided to the Pakistan Army. As a result the Pakistan Army became better equipped.
Other than the problems faced due to the Afghan War efforts, the Soviet Empire was breaking apart at the seams. This led the Soviets to seek peace in Afghanistan. Negotiations on Afghanistan were carried out under Zia's Government, and the Geneva Accord was signed on April 14, 1988, under which the Soviet Union agreed to withdraw its forces in two installments .The Soviet Government lived up to its commitment of withdrawal of forces according to the agreed timetable.
The victory in Afghanistan was achieved at a great cost to Pakistan. It had to look after and feed more than three million Afghan refugees that had crossed over to Pakistan. The refugees were a great economic burden on Pakistan. Not only this but, they also caused the problem of drugs and gunrunning in the country.
Long after the Soviet forces had left Afghanistan, fighting continued between the various factions of the mujahideen. With the emergence of the Taliban, Pakistan found itself an ally in Afghanistan that enforced peace and virtually eliminated the drug cultivation. After the September 11 tragedy of 2001, world attention again focused on Afghanistan as they considered it as training grounds of terrorists responsible for the tragedy. The Talibans were removed by power and a U. S. led coalition installed an interim government in Afghanistan, which till today keeps a fragile peace in the country. Meanwhile Pakistan continues to suffer numerous problems from the legacy of the Afghan War such as refugees, drugs, guns, crime, and terrorism.

Muhammad Khan Junejo Becomes Prime Minister [1985-88]

After the Presidential referendum of December 1984, elections for the National and Provincial Assemblies were held in February 1985 on a non-party basis. President Zia-ul-Haq nominated Muhammad Khan Junejo as the Prime Minister of Pakistan on March 20, 1985.
On being nominated, Muhammad Khan Junejo promised the nation that he would lift the Martial Law and restore a civilian government as soon as possible. Junejo's position was weak and vulnerable under the constitutional amendments made by Zia, which made the position of the President paramount and that of the Prime Minister subordinate. Despite his weak position, Junejo, after being sworn in as the Prime Minister, carried out his promise of lifting the Martial Law and the restoration of fundamental rights, but at the price of the Eight Amendment and validating the Revival of the Constitutional Order.
Muhammad Khan Junejo introduced a five-point program in December 1985. The program was multidimensional in nature. The main objectives were to induct a new and progressive civilian order, establish institutions of social justice, introduce an egalitarian economy, increase employment opportunities, strike hard at corruption and other social evils, liberate at least 50 percent of the people from illiteracy, and to start socio-economic development of the country.
After the lifting of Martial Law, Junejo tried to take a course independent of Zia. He annoyed military generals by withdrawing big staff cars from them and replacing them with small cars. He tried to conduct an independent foreign policy, particularly on Afghanistan, by taking into confidence and consulting leaders of political parties, including Benazir Bhutto, the leader of the Pakistan Peoples Party. His government even tried to probe into the military fiasco at the Ojheri Camp near Islamabad on April 10, 1988, which resulted in the death and serious injuries to a large number of civilians. This probe perhaps became the immediate cause for the dismissal of his government.
Junejo's regime met its sudden and unexpected end while he was returning from a visit to South Korea on May 29, 1988. General Zia dismissed Junejo's Government using the controversial rule under Article 58(2) b of the Constitution. According to General Zia, Junejo's Government had been dismissed because the law and order situation had broken down to an alarming extent and the government could not be run in accordance with the Constitution. Not only were the Junejo Government dismissed, but also were the Federal and Provincial Assemblies and the Provincial Cabinets and their Chief Ministers. General Zia installed a new caretaker government in the Center and Provinces. Fresh elections were promised after 90 days but were eventually held on November 16, 1988, three months after Zia's death in a plane crash.
Although Junejo had no claim to power on his own, as Zia had appointed him Prime Minister, but his performance was commendable. With limited options, he did what was possible for him. He restored the fundamental rights of citizens under the Constitution that had been denied to them for a very long time. He tried to put the country on the course of development and some progress was made, particularly in the area of construction of roads in rural areas and the electrification of villages. He was honest, polite and had a low-key political personality, traits which are not easy to find in political leaders of today.

Historic 8th Amendment is passed [1985]

The 1973 Constitution of Pakistan envisaged a Parliamentary System of government, with the balance of power tilted towards the Prime Minister. The President could not exercise his powers without the concurrence of the Prime Minister. The Eight Constitutional Amendment, however, altered the form of the Constitution drastically. Passed by the Senate on November 14, 1985, the Eight Amendment affected almost 19 clauses of the Constitution and brought the office of the President of Pakistan almost at par with that of the Prime Minister.
The President was given the right to nominate the Prime Minister, Governors of the provinces, and Judges of the High Court and Supreme Court, including the Chief Justice. Democratically elected Prime Minister thus became subservient to the President.
Though the President was to act on the advice of the Prime Minister, he had the power to be informed about the decisions relating to the administrative affairs of the federation and proposals of legislation. The President could ask the Prime Minister to get a vote of confidence from the Assembly, issue ordinances, set dates for the elections for the National Assembly and appoint caretaker government. The President had the power of appointing service chiefs and other important federal officers. He could also call a referendum on an issue of great national importance.
However, the most controversial power awarded to the office of the President was under the Article 58(2) b, which was the power of dissolution of the National Assembly at his own discretion.
According to the proponents of this clause, post-constitutional deadlocks in the country had shown the necessity to vest authority in the President so that in case of a political crisis, the Assembly could be dissolved and new elections could be held and Martial Law could be avoided. The Article 58(2) b changed the entire complexion of the Constitution. The Constitution was transformed from a Parliamentary System into a Presidential one. This Amendment was like the proverbial Sword of Damocles for the successive governments. After the passing of Article 58(2) b, the National Assemblies were dissolved on four occasions using its powers. The dissolution of the Assembly by President Zia-ul-Haq in 1988, President Ghulam Ishaq Khan in 1990 and in 1993, and President Farooq Leghari in 1996 are subject to a lot of speculation.
Other clauses amended by the Eight Amendment dealt with the office of the Prime Minister, Senate, and Governors. Article 51 increased the number of the National Assembly seats from 200 to 207. The number of the Senate seats was increased from 63 to 87 under Article 59. The Eight Amendment also indemnified the entire President's Orders, Ordinances, Martial Law Regulations and Martial Law Orders, including the Referendum Orders made between July 5, 1977, and September 13, 1985.
The Eighth Amendment is considered as a landmark in the constitutional history of Pakistan. It not only altered the very form of the Constitution from purely Parliamentary to semi-Presidential, but also changed the constitutional and political history of the country.

Death of General Zia-ul-Haq [1988]

General Muhammad Zia-ul-Haq was killed in an air crash on August 17, 1988. He had gone to Bhawalpur to see a demonstration of tanks where he was accompanied by a number of Generals, including the Chairman Joint Chiefs of Staff Committee, Chief of General Staff, high-ranking Military Attaches, as well as the U. S. Ambassador to Pakistan. On his return journey, his military transport aircraft, a C-130, exploded in mid-air a few minutes after takeoff from Bhawalpur airport, killing all passengers aboard including the President.

This tragic air disaster was the worst in Pakistan's history and was unprecedented in the history of military aircraft. The cause of the crash was not known and the enquiry report was never made public.

General Zia's remains were buried on the grounds of Faisal Mosque in Islamabad. With the death of General Zia, the 11-year military rule came to an end. The country now was set forth on the road to democracy. This transition from dictatorship to democracy took place constitutionally.

After the crash, a high level meeting was held in Islamabad to decide the question of succession. Some of the participants in the meeting were in favor of imposition of Martial Law. However the military Chief present did not support the idea. Under the Constitution, whenever the office of President becomes vacant by reason of death or resignation, or removal of the President, the Chairman of Senate acts as the President until a new President is elected. As a result Ghulam Ishaq Khan, Chairman of the Senate, became the next acting President of Pakistan.

Benazir Bhutto Becomes Prime Minister [1988]

In the 1988 elections, Pakistan Peoples Party won 94 seats in the National Assembly without forming any alliance. With the cooperation of 8 M. Q. M. members and 13 members of the Federally Administered tribal Area, the P. P. P. showed a clear majority. Benazir Bhutto, daughter of Zulfiqar Ali Bhutto, was sworn in as the Prime Minister, the first woman to govern an Islamic State.

Soon after taking oath, Prime Minister Benazir Bhutto announced that the ban on Student Unions and Trade Unions would be lifted. The P. P. P. Government hosted the fourth S. A. A. R. C. Summit Conference in December 1988. As a result of the Conference, Pakistan and India finalized three peace agreements.
But soon, Benazir's Government started facing problems on the political front. A. N. P. deserted the Pakistan People Party and on November 1, 1989, a no-confidence motion was moved against the Prime Minister by the opposition. Benazir was barely able to pull through with 12 votes to her advantage. M. Q. M., which had formed an alliance with the P. P. P. also broke away and started creating trouble in Sindh.
Serious conceptual differences arose between the P. P. P. Government and the Establishment. Less than two years later, on August 6, 1990, her Government was accused of corruption and dismissed by the President, Ghulam Ishaq Khan, who exercised his power through the controversial Eighth Amendment of the Constitution.

Ghulam Ishaq Khan becomes President [1988-93]

In 1988, President Zia-ul-Haq dissolved the Junejo Government and announced that fresh elections would be held in November 1988. But on August 17, 1988, he was killed in a C-130 plane crash in Bhawalpur, along with five senior Generals and the American Ambassador. The cause of the crash has never been ascertained and still remains a riddle.
After the death of General Zia, Ghulam Ishaq Khan, Chairman of the Senate, took over as acting President. Elections for the National and Provincial Assemblies were held on November 16 and 19, 1988, respectively. The Revival of the Constitutional Order had amended the Constitution, which empowered the President to appoint, at his discretion, any member of the National Assembly as Prime Minister. Ghulam Ishaq Khan appointed Benazir Bhutto as Prime Minister of Pakistan on the condition that she would offer full support to him in the forthcoming presidential elections.
According to the deal between Ghulam Ishaq Khan and Benazir Bhutto, Pakistan Peoples Party voted for Ghulam Ishaq Khan. Ghulam Ishaq Khan was also the consensus candidate of Islami Jamuhri Ittehad. Four candidates took part in the elections, with Ghulam Ishaq Khan winning and securing the highest 608 votes. Constitutional Amendments made by the R. C. O. and the Eighth Amendment, that had given the President a great deal of power, inevitably led the President and the Prime Minister into conflict. The conflict between the President and the Prime Minister arose in two areas; the appointment of the Military Chiefs and the Superior Court Judges.
The conflict between the President and the Prime Minister had its drop scene on August 6, 1990, when the President dissolved the National Assembly and Benazir Bhutto was dismissed from power. The dissolution of the National Assembly was soon followed by the dissolution of the Provincial Assemblies. Fresh elections were scheduled on October 24, 1990. President Ghulam Ishaq Khan appointed Ghulam Mustafa Jatoi as the caretaker Prime Minister.
Elections for the National and Provincial Assemblies were held on October 24 and 27, 1990, respectively. Mian Muhammad Nawaz Sharif was elected as Prime Minister on November 1, 1990. Nawaz Sharif's Government remained in power till April 19, 1993. President Ghulam Ishaq Khan again dissolved the National Assembly, exercising his power once again through the Eighth Amendment, and appointed Mir Balakh Sher Khan Mazari as the caretaker Prime Minister. General Elections were scheduled to be held on July 14, 1993, but were canceled when the Supreme Court quashed the Presidential Order and reinstated Nawaz Sharif as the Prime Minister.
Differences between Nawaz Sharif and Ghulam Ishaq Khan arose once again. This time they deepened to such an extent that they led to the resignation of both President Ghulam Ishaq Khan and Prime Minister Nawaz Sharif on July 18, 1993. The National and Provincial Assemblies were also dissolved. Moin Qureshi was appointed as the caretaker Prime Minister, and Ghulam Ishaq Khan was appointed the caretaker President. Fresh elections for the National and Provincial Assemblies were held. Benazir Bhutto returned to power for the second time and Farooq Ahmad Khan Leghari was elected as the new President of Pakistan.
This brought to an end the presidency of Ghulam Ishaq Khan, which brought about the dismissal of two elected governments. It followed the unhealthy tradition of removing elected governments through the use of the controversial Eighth Amendment. The next President followed the same tradition and created continuous instability in the country.

Ghulam Mustafa Jatoi becomes caretaker Prime Minister [1990]

As a result of the changes made in the Constitution by the R. C. O. and the Eighth Amendment, the President had the power to appoint a caretaker Prime Minister and a caretaker Cabinet at the Federal as well at Provincial level. Using these powers, President Ghulam Ishaq Khan dissolved the National and Provincial Assemblies on August 6, 1990, and declared a state of emergency in the country. Elections were scheduled to be held on October 24, 1990.
Ghulam Ishaq Khan did not appoint a neutral or non-partisan caretaker Cabinet or Prime Minister. He chose the leader of the opposition in the former National Assembly, Ghulam Mustafa Jatoi, as the new caretaker Prime Minister of Pakistan.

Nawaz Sharif Becomes Prime Minister [1990]

After the ouster of Benazir's Government, elections for the National and Provincial Assemblies were held on October 24 and 27, 1990. Mian Muhammad Nawaz Sharif, the ex-Chief Minister of Punjab, was elected as the Prime Minister on November 1, 1990.

During his tenure as the Prime Minister, Nawaz Sharif made efforts to strengthen the industrial sector with the help of the private sector. Projects like Ghazi Brotha and the Gawadar miniport were initiated. Land was distributed among landless peasants in Sindh. A massive uplift of Murree and Kahuta was done during his term as Chief Minister of Punjab. Relations with the Central Asian Muslim republics were strengthened and E. C. O. was given a boost.

In an attempt to end the Afghan crisis, the "Islamabad Accord" was reached between various Afghan factions. His most important contribution was economic progress despite U. S. sanctions on Pakistan through the Pressler Amendment on sanctions. The stupendous Motorway project was initiated that was completed during his second tenure.
Nawaz Sharif's Government remained in power till April 18 1993, when President Ghulam Ishaq Khan dissolved the National Assembly, once again exercising his power through the Eighth Amendment.

Balakh Sher Mazari Becomes Caretaker Prime Minister [1993]

President Ghulam Ishaq Khan dissolved the National and Provincial Assemblies on April 19, 1993, and appointed Mir Balakh Sher Khan Mazari as the Caretaker Prime Minister. General Elections were scheduled to be held on July 14, 1993.
Balakh Sher Mazari's tenure as Caretaker Prime Minister ended on May 26, 1993, when the Supreme Court revoked the Presidential Order and reinstated Nawaz Sharif as the Prime Minister.

Moin Qureshi Becomes Caretaker Prime Minister [1993]

On May 26, 1993, the Supreme Court of Pakistan declared the Presidential Order of the Assemblies' dissolution as unconstitutional and ruled for restoring the Nawaz Government and the National Assembly. However, because of the serious differences between the President Ghulam Ishaq Khan and the Prime Minister Mian Muhammad Nawaz Sharif, both resigned from their offices on July 18, 1993, along with the dissolution of the Central and Provincial Assemblies.
Moin Qureshi, a top World Bank official, was appointed as the Caretaker Prime Minister and Ghulam Ishaq Khan was appointed as the caretaker President. At the time of his appointment, Moin Qureshi was totally unknown in Pakistan; it was, however, felt that as he was a political outsider, he would remain neutral.
Despite the fact the Moin Qureshi was new to the economic and political environment of Pakistan, he made his presence felt during his short tenure of 90 days. During this time he undertook numerous steps, which were appreciated by the general public. One of the steps included his effort to expose the misdeeds of the previous governments by publishing the lists of defaulters of bank loans and taxpayers. These lists exposed a number of affluent persons who were involved in abusing the banking system and dodging the tax collectors. Moin Qureshi made the State Bank of Pakistan an autonomous body with an effort to keep out political interference in the working of the bank. He took numerous other steps including the imposition of a nominal tax on agriculture, making Pakistan Television and Radio Pakistan autonomous, downsizing of the administrative machinery and abolishing the discretionary power of the Prime Minster and the Chief Ministers of allotting residential plots to their favorites. It goes to his credit that he undertook various endeavors in a short period of time and made a serious effort to recover Government dues.
The only blot on Moin Qureshi's tenure as Prime Minister was that, in his last days, he made a large number of promotions and other administrative decisions in favor of his relatives.

Benazir Bhutto becomes Prime Minister [1993]

Benazir Bhutto returned to power for the second time in 1993 after the resignation of both President Ghulam Ishaq Khan and Prime Minister Nawaz Sharif on July 18, 1993. The resignation led to the announcement of fresh elections for the National and Provincial Assemblies. The elections were held on October 6 and 9, 1993, respectively.
The elections were boycotted by the M. Q. M. No party emerged with an absolute majority in the elections. As a result the P. P. P. formed the new government with the help of alliances. Benazir Bhutto took oath as Prime Minister on October 19, 1993. The Presidential election was held on November 13. Farooq Ahmad Khan Leghari, the P. P. P. candidate, won by 274 to 168 votes against the then acting President Wasim Sajjad.
During her second tenure, Benazir again faced trouble from the opposition. In the autumn of 1994, Nawaz Sharif led a "train march" from Karachi to Peshawar. This was followed by general strike on September 20. Two weeks later Nawaz Sharif called a "wheel jam" strike on October 11.
The second tenure of Benazir Bhutto was, however, highlighted by the visit of the U. S. first Lady Hillary Clinton and her daughter Chelsea in 1995. Hillary's visit considerably changed the world's perceptions about Pakistan and highlighted Pakistan as a liberal, modern and forward-looking country. In April 1994, Benazir visited the U. S., and projected Pakistan's stance on the F-16 fighter planes withheld by the U. S. despite payments. Her visit resulted in the passing of the Brown Amendment by the U. S. Senate on September 21, 1995, easing restrictions on Pakistan. It also helped in attracting foreign investors. On the domestic front she continued facing problems with M. Q. M. In spite of all her political endeavors, a smooth relationship could not be established between the Government and M. Q. M.
Benazir Bhutto's brother, Mir Murtaza Bhutto, was assassinated under mysterious circumstances in a police ambush on September 20, 1996. The high-profile killing of her brother in her tenure damaged her political career.
Things were not going well between the President and Benazir's Government. Differences soon appeared and the Government felt that there was interference in the political matters of the Government by the President. President Farooq Leghari dismissed Benazir Bhutto's Government on charges of corruption and mismanagement on November 5, 1996, under the Article 58(2) b of the Eighth Amendment.

Sardar Farooq Legahri Becomes President [1993]

As a result of the general elections in 1993, P. P. P. came to power by forming an alliance with P. M. L. (J), some independent members and some small parties. After the formation of the Governments at the Center and in the provinces, the next step was the election of the President. Initially, a number of candidates filed their nomination papers. However, as election day approached, there were only two candidates left in the field. These were the acting President Wasim Sajjad, a nominee of the P. M. L. (N), and Sardar Farooq Leghari, a nominee of the P. P. P. As a result of voting, Leghari got 274 votes in his favor against 168 votes for Wasim Sajjad. On November 13, 1993, Sardar Farooq Leghari was appointed as the President of Pakistan for a term of five years.
Leghari began his term with a clean reputation, but this was soon to change with the Mehran Bank scandal and inappropriate appointments in the judiciary. In his first speech, Leghari had said that the Eighth Amendment would be removed but during the term of Benazir, no bill was ever presented to do away with this Article of the Constitution.
Differences emerged between Benazir and Leghari, which eventually resulted in the President using the Eighth Amendment for the dissolution of the National Assembly, and the dismissal of Benazir. When Mian Nawaz Sharif was re-elected as the Prime Minister, differences arose between them. He supported the Chief Justice of Pakistan, Sajjad Ali Shah, who had also developed serious differences with the Nawaz Sharif Government. But Leghari could not overcome the heavy mandate that was bestowed upon Mian Nawaz Sharif by the public, with the result that he had to resign on December 2, 1997. Farooq Leghari's resignation brought to an end the tragic drama of conflict and conspiracy between the Judiciary, the Executive, and the Legislature. His resignation cut short his term as the President for five years by nearly one year.

Malik Meraj Khalid Becomes Caretaker Prime Minister [1996]

President Sardar Farooq Leghari, exercising his powers through the Eighth Amendment, dismissed Benazir Bhutto's Government in November 1996, on charges of corruption and extra-judicial killings. After Benazir, Malik Meraj Khalid, Rector of the International Islamic University, was appointed as caretaker Prime Minister. The next elections were scheduled to be held on February 3, 1997.
Malik Meraj Khalid held the office of Prime Minister from November 5, 1996, to February 17, 1997.

Nawaz Sharif becomes Prime Minister [1997]

As scheduled, elections were held on February 3, 1997. Pakistan Muslim League won with an overwhelming majority with absolutely light and slight opposition. The Muslim League was able to obtain a two-third majority in the National Assembly and Mian Nawaz Sharif was re-elected as Prime Minister. He obtained a vote of confidence from the National Assembly on February 18, 1997.
A number of very important Constitutional Amendments were introduced during Nawaz Sharif's second term. These include the termination of the Eighth Amendment, passing of the Thirteenth Amendment and the Ehtesab Act, 1997. Nawaz Sharif faced a serious confrontation with the Judiciary and the Executive, which eventually led to the resignation of President Leghari on December 2, 1997.
It was during this term that Pakistan carried out its nuclear tests on May 28, 1998, in response to the Indian detonation of its five nuclear devices. The Nawaz Government had found it imperative for Pakistan to carry out these nuclear tests, in order to provide an effective defense, and to deter Indian adventurism.
The Nawaz Government proclaimed an emergency on May 28, 1998; the day these nuclear tests were conducted. All fundamental rights were suspended and all the foreign currency accounts in Pakistani banks were frozen. On August 28, 1998, Nawaz regime introduced the Fifteenth Amendment. The Bill generated heated debate throughout the country but was passed on October 9, 1998, by the members of the National Assembly. The Bill, however, was not put before the Senate within 90 days as was required by the Constitution. The Bill was held back, as Nawaz Sharif did not had the required two-third majority in the Senate.
The Fifteenth Amendment was presumed to be an effort by Nawaz Sharif to acquire additional powers for himself. Soon a serious conflict and confrontation emerged on the scene between him and the Military Generals. This confrontation led to the resignation of General Jehangir Karamat on October 7, 1998. General Karamat was replaced by General Pervez Musharraf.
The Kargil Operation in its aftermath again led to tense relations between Nawaz Sharif and the armed forces. This tension culminated into the removal of Nawaz Government by General Pervez Musharraf on October 12, 1999, thus bringing to an end the second term of Nawaz Sharif's Government.

Thirteenth Amendment is Passed [1997]

The National Assembly unanimously adopted the Constitution Bill, the Thirteenth Amendment, in April 1997 by a two-third majority. The Thirteenth Amendment was put before the National Assembly on April 1, empowering the Prime Minister to repeal 58(2) b, and advise the President on the appointments of three forces' chiefs, the J. C. S. C. Chairman and the Governors. Thus the discretionary power to appoint the chiefs of the armed forces was taken away from the President. In the proposed Amendment Bill, clauses to restore the women parliamentarian seats and to convert the Ordinance into an act of the Parliament were also incorporated. The power of the Governor to dissolve the Provincial Assemblies under Article 112(2) b was also done away with.
Through the Thirteenth Amendment the controversial Eighth Amendment was repealed and thereby the President was divested of many discretionary power in order to restore the supremacy of the Parliament.
The infamous Eight Amendment had been inserted in the Constitution in 1985, by the non-party based Parliament, when General Zia-ul-Haq was the Chief Martial Law Administrator and President of Pakistan. Its most notorious and troublesome provision, 58(2) b, had empowered the President to sack the Prime Minister and his Cabinet and dissolve the National Assembly. The provision had since been used by three successive Presidents since 1985, and four Prime Ministers, along with their Cabinets and the National Assemblies, had been dismissed.
Having announced the Thirteenth Amendment, Nawaz Sharif said that it had been introduced to revive the democratic concept, as envisaged by the Quaid-i-Azam and Allama Iqbal.
Although it seemed that a complicated and sensitive constitutional issue was solved in an amicable way through consensus, and it was anticipated that through the Thirteenth Amendment a new era of democratic freedom and political stability would start, all the hopes dashed to the ground when once again the democratic process was demolished all of a sudden. A military coup not only sacked Nawaz Sharif and his Cabinet, but also dissolved the National Assembly and the Provincial Assemblies.

Fourteenth Amendment is passed [1997]

Throughout Pakistan's political history, horse-trading and defection within various parties had created problems for various governments. On coming to power, Nawaz Sharif's Government took steps to do away with this ever-flourishing problem. It was under the Nawaz Government that the National Assembly unanimously adopted the Constitution Bill, the Fourteenth Amendment, on July 1, 1997.
The Anti-Defection Bill, earlier passed by the Senate and later by the National Assembly with a large majority, was a structural reform to end the practice of switching party loyalties and blackmailing party leadership for ministerial slots, bank loans and other concessions.

Muhammad Rafiq Tarar elected as President [1998]

Muhammad Rafiq Tarar, a former Judge of the Supreme Court and a Senator, was elected as the ninth President of Pakistan. He took oath to his office on January 1, 1998.
The office of the President had become vacant after the resignation of President Leghari on December 2, 1997. The Pakistan Muslim League had a two-third majority in the Parliament and some Provincial Assemblies and therefore was in a position to have its candidate elected as the head of State. The Nawaz Government nominated Muhammad Rafiq Tarar, a 68-year old former Judge of the Supreme Court and a Senator, as their presidential candidate.
The nomination of Muhammad Rafiq Tarar was, however, criticized by the opposition parties and newspapers because the nominated President was from Lahore, which was also the hometown of the Prime Minister. Many that felt that, since the Prime Minister was from Punjab, the President should be from a smaller province to prevent the possibility of a sense of deprivation among the smaller federating units, and to avoid the concentration of the main Government offices in one province.
The election of the President was held on December 31, 1997. The President was to be indirectly elected by the two houses of Parliament, the National Assembly and the Senate, and the four Provincial Assemblies. As the ruling party, Pakistan Muslim League dominated most of the six voting groups; Muhammad Rafiq Tarar was comfortably elected President by securing 374 out of 457 votes of the Electoral College. His rivals, Pakistan Peoples Party's Aftab Shahban Mirani and Jamiyat-i-Ulema-i-Islam's Maulana Muhammad Khan Shirani, ended up only with 31 and 22 votes, respectively. Never before had a President received such overwhelming support from the elected representatives of the people of Pakistan.
Rafiq Tarar seemed to be an unassuming and ceremonial President with a low profile, who kept away from the press. Immediately after taking over, he declared that from then onwards, the Presidency would not work in conspiring against the elected Government. He said that he would confine himself to powers available to him under the Constitution and would not aspire for anything more. He honored his word, and unlike the precedent set by his predecessors, he didn't criticize any Government policy.
After overthrowing the Nawaz Government, the military authorities did not retain Rafiq Tarar as the President till his full term of five years. He was removed by the Chief Executive General Pervez Musharraf on June 20, 2001, who himself took over the office of the President of Pakistan.
Being associated with the Judiciary, Muhammad Rafiq Tarar was not a politician of any standing but he was, however, noted for his honesty, loyalty, devotion to justice and a firm, religious faith in Islam.

Pakistan: A Nuclear Power [May 28, 1998]

On May 28, 1998, Pakistan became a nuclear power when it successfully carried out five nuclear tests at Chaghi, in the province of Baluchistan. This was in direct response to five nuclear explosions by India, just two weeks earlier.
Widely criticized by the international community, Pakistan maintains that its nuclear program is for self-defense, as deterrence against nuclear India. A former Prime Minister of Pakistan, Zulfiqar Ali Bhutto, offered justification for Pakistan's nuclear program when he said that if India were to produce a bomb, Pakistan would do anything it could to get one of its own. It has always been maintained by Pakistan that a nuclear threat posed to its security can neither be met with conventional means of defense, nor by external security guarantees.
India had already posed a nuclear threat against Pakistan ever since it tested a nuclear device in May 1974. At that time Pakistan had no nuclear weapons. India maintained that its nuclear program was based on their requirement to have a minimum nuclear deterrence, and that it was not against any specific country.
After the tit-for-tat nuclear explosions, the United Nations Security Council unanimously passed a resolution urging India and Pakistan to halt their nuclear weapons programs. The United States and other Western states imposed economic sanctions against both the countries. The U. N. Secretary General, Kofi Annan, urged both the countries to sign the Comprehensive Test Ban Treaty, which Pakistan agreed to sign if India did the same.
After the tests, both sides declared that they had completed their series of nuclear testing and both announced a moratorium on future testing. Pakistan announced the moratorium on June 11, 1998, and offered to join in new peace talks with India. Even long before these tests, Pakistan has time and again proposed for a nuclear weapon-free zone in South East Asia.

The Lahore Declaration [1999]

In order to normalize relations between India and Pakistan, Nawaz Sharif undertook a major initiative in February 1999. This initiative culminated in a visit by the Indian Prime Minister Atal Behari Vajpayee to Lahore via bus, across the Wagah border, in 1999. Nawaz Sharif met him at the Wagah border and a joint communique, known as the "Lahore Declaration", was signed between the two leaders.

This declaration spelled out various steps to be taken by the two countries towards normalization of relations between them. Except for the Jamaat-i-Islami, the visit was not opposed by any political or social element in Pakistan. The Pakistani people welcomed this move by the Nawaz Government to normalize relations with India.

The Kargil Offensive [1999]

One dispute that remains unresolved in United Nations forum is the over 50-year-old Kashmir dispute between India and Pakistan. This disputed State of Jammu and Kashmir has been a continuous flash point and the cause of two wars (1948 and 1965) between the two countries. In the last few years, and particularly during the 1990s, the issue of Kashmir has been brought to the forefront of the world agenda by the struggle of the Kashmiri freedom fighters fighting in Indian occupied Kashmir. This freedom struggle against the brute Indian force, now in excess of 700,000 troops, demands the fulfillment of U. N. Resolutions and of Indian commitments to give them the opportunity to decide their political future through a fair and free plebiscite. This plebiscite to be held under U. N. auspices was mandated by the U. N. Security Council Resolutions of August 13, 1948, and January 05, 1949.
The freedom struggle gained further momentum in 1999 when the freedom fighters, in probably the most brilliant and courageous maneuver in modern military history, made high-altitude conquests in their territory. They captured high ground of a 140 kilometers long stretch of 4,500 meters high mountain ridges, near the strategic Indian-held garrison towns of Kargil and Drass. These towns lie on the only usable road between Srinagar, capital of Indian-occupied Kashmir, and the East. This threatened India's main supply route to its forces on the Chinese border.
The occupation by the Kashmiri freedom fighters came as a "Spring Surprise" to the Indian patrols. During the winter freeze, the area is abandoned by Indian patrols and isolated from the rest of Indian occupied Kashmir. In the beginning of May 1999, when the Indian forces returned to the mountains, they were surprised to find around 600 Kashmiri freedom fighters, occupying a territory 5 kilometers inside Indian occupied Kashmir. India alleged that these "militants" were sponsored by Pakistan, and that these militants crossed the provisional borderline, the "Line of Control", in an attempt to alter the de facto border by force.
The Government of Pakistan stated that it was not involved in any way and clarified that it is only the moral, diplomatic and political support that the Government of Pakistan continues to extend to Kashmiri freedom fighters for their cause of self-determination. It further clarified that the heights near Kargil were occupied by indigenous Kashmiri freedom fighters.
On May 26, 1999, India resorted to air strikes to drive out the freedom fighters. During this episode, two Indian aircraft entered the territory of Pakistan, one of which was shot down. The situation across the Line of Control became tense and several innocent civilians became the targets of indiscriminate Indian shelling. The conflict posed a threat to the region of South Asia.
The international community was concerned about the escalation of the conflict between the two newly declared nuclear powers, India and Pakistan. Talks, however, resumed between India and Pakistan in the summer of 1999 and efforts were made to resolve the crises. International intervention, most notably from the President of United States, Bill Clinton, persuaded Pakistan to use its influence on the freedom fighters to avert a full-scale war with India.
The freedom fighters vacated the captured territory by August, 1999.

Military Comes to Power Again [Oct 12, 1999]

On October 12, 1999, the Pakistan Army once again ousted the Civilian Government. At that time Prime Minister Mian Muhammad Nawaz Sharif headed the Government. The coup immediately followed the premier’s attempt to replace the Army Chief while he was on a tour to Sri Lanka. After two days of chilling uncertainty, Chief of Army Staff General Pervez Musharraf assumed the title of Chief Executive. Although the use of the term "Martial Law" was avoided, Pakistan once again came under military rule. It was claimed that the Army was forced to take this step to save the country from "turmoil and uncertainty".
The Supreme Court, in a ruling on May 12, 2000, accepted that a constitutional deviation had taken place in pursuit of rather noble objectives, such as economic reforms and bringing to book the corrupt politicians, bureaucrats and businessmen. The 12 judges based their ruling on the principle of "salus po puli ex supreme lex", meaning that the welfare of the people is the supreme law of any land. The court took the view that there was no other way to remove a corrupt Government except through the intervention of the armed forces. The Supreme Court also directed General Musharraf to hold general elections within three years.

After the military takeover, the former Prime Minister Nawaz Sharif, Shahbaz Sharif (his brother and former Chief Minister of Punjab) and five other officials were booked on charges of hijacking, kidnapping and attempted murder in the "Plane Conspiracy" case. The prosecution's case was based on a police report filed by an Army Colonel. Nawaz Sharif, in his capacity as Prime Minster, was accused of giving orders to the Civil Aviation Authority to prevent a Colombo-Karachi Pakistan International Airlines commercial flight, with Musharraf on board, from landing at Karachi or anywhere else in Pakistan. He was to face a charge of attempted murder endangering the lives of General Pervez Musharraf and 200 other passengers on board by disallowing the plane to land when its fuel was at a low level. The case was tried by an anti-terrorism court in Karachi, ironically established by Nawaz Sharif himself, which sentenced him to life imprisonment. In their appeal to the High Court, Mr. Sharif's lawyers maintained that no charge of corruption was proved against the former Prime Minister, and that it was the Prime Minster's constitutional right to remove the Army Chief.
Later on, Mr. Nawaz Sharif was, however, pardoned and exiled by the military government to Saudi Arabia on conditions that he would forfeit Rupees 500 million (equivalent to roughly US$ 8 million) in property and stay out of politics for the next 21 years.

Pervez Musharraf Becomes President [June, 2001]

General Pervez Musharraf while he was also Chief Executive took over the office of the President of Pakistan on June 20, 2001, under the Provincial Constitutional Order (PCO) by removing Rafiq Tarar before he was allowed to complete his five-years tenure. With immediate effect he dissolved the suspended Senate, National and Provincial Assemblies and dismissed the Chairman of the Senate and the Speaker of the National Assembly. After assuming the new office as President, General Pervez Musharraf announced, "The change will augur well for the future of Pakistan"; and said, "I think I have a role to play; I have a job to do here; I cannot and will not let this nation down". He gave three reasons for taking over as the President of Pakistan: constitutional, political, and economic.
The critical moment in General Musharraf's presidency was 9/11, when Washington suddenly and direly needed his support the international antiterrorism campaign and to crush the Taliban in Afghanistan. Thus he became a pivotal player on the world stage and a close ally welcomed in Washington and London alike as a statesman of international standing. General Musharraf did his best to highlight the core issue of Kashmir at every international forum. In July 2001, he held his first summit meeting with Indian Prime Minister Atal Behari Vajpayee at Agra but couldn’t make much headway in solving the Kashmir problem. Due to his consecutive efforts, however, a lot of tension between the two neighboring countries with nuclear-armed rivalry has been eased as they have restored diplomatic relations and started to build up warming ties mutually by means of confidence building measures. General Musharraf has given a new formula for solving the protracted dispute of Kashmir. After the Taliban were ousted, he offered all possible help to the new government.
President General Musharraf kept his word to restore democracy and hold elections in October 2002 as mandated by the Supreme Court. He gratified the nation when after general elections, Pakistan's National Assembly and Senate in November 2002 met for the first time since the coup three years earlier. He also relinquished the post of Chief Executive when Zafaullah Khan Jamali became Prime Minister of Pakistan in November 2002. President Musharraf, however, continues to hold the offices of Chief of Army Staff, and Chief of the Staff Committee. The opposition parties refused to accept Framework Order (LFO) 2002 as it empowered the President to sack the prime minister, dissolve parliament and also recognize him as both head of the army and head of the state. According to the opposition the provisions of the LFO were unconstitutional and illegal, and against the sovereignty of the Parliament. As a result, the business of parliament remained in deadlock for a year. In December, 2003 as part of a deal with MMA (Muttahida Majlis-e-Amal) to end the stand-off, General Musharraf agreed that he would step down as military head of the country on December 31, 2004 and also give up some of the powers he assumed after the coup while on January 1,2004. After getting vote of confidence from parliament and the four provincial assemblies, President Pervez Musharraf would now serve full five-year term as President till 2007 under the constitutional provisions after the seventeenth amendment was passed by a two-third majority of the Parliament. He secured 658 votes (56.23 per cent) with simple majority from a total of 1,170 members of parliament and the four assemblies amid MMA abstention and opposition boycott.
President Musharraf presents to the world vision of a modern, tolerant, democratic, Islamic Pakistan and favors economic reforms and free trade with the West. He has also played a vital role in negotiating an economic package to assist Pakistan out of its problems.

Agra Summit

A historic summit meeting was held between Pakistan's President Pervez Musharraf and the Indian Prime Minister Atal Behari Vajpayee in Agra, from July 14 to 16, 2001. The summit started amid high hopes of resolving various disputes between the two countries including the five decades’ old Kashmir issue. Both sides started the summit with hopefulness and in a spirit of good will; especially President Musharraf used the phrases "cautious optimism", "flexibility" and "open mind" to describe his buoyant views for the summit. The Indian President also promised to take "bold and innovative" measures and to discuss the "core issue" between the two countries.

Various rounds of one-to-one talks were held between President Musharraf and Prime Minster Vajpayee. On the first day, a 90-minute one-on-one session was held between the two leaders. The Kashmir issue, cross-border terrorism, nuclear risk reduction, release of prisoners of war, and commercial ties were discussed. The talks went in the right direction and were declared by both the leaders as "positive, frank and constructive". There were hopes that both the leaders would arrive at an agreement and a joint statement or declaration would be made at the end of the summit as the two leaders plunged into serious talks.
Despite reservations from the Indian Government, President Musharraf also held face-to-face meetings with the top Kashmiri leadership represented by the All Parties Hurriyat Conference.
The two-day Agra summit between President Pervez Musharraf and Prime Minister Atal Behari Vajpayee, however, collapsed and no formal agreement could be attained. The two sides remained inflexible on the core issue of Kashmir, despite five long and arduous one-to-one rounds between the two leaders and hours of discussion between the two delegations. Despite the failure of the talks, General Pervez Musharraf joined Vajpayee to call on the two countries to bury their past. He also invited the Indian Prime Minister to visit Pakistan as he felt that the issues between Pakistan and India were much more complicated and could not be resolved in a short time.

Local Government System [2001]

In order to establish democracy at grassroots level, the regime of General Pervez Musharaf, introduced the Local Government System. This was not a new experiment in Pakistan. Ayub Khan had undertaken a similar effort in this direction by introducing the Basic Democracy System.
This new system of Local Government was installed on August 14, 2001, after holding of elections. Direct elections on non-party basis were held in five phases for members of Union Councils, Union Nazims, and Naib Union Nazims during 2000 thru to 2001. On the basis of these direct elections, indirect elections were held in July-August 2001 for Zila Nazims and Naib Zila Nazims and also for Tehsil-Town Nazims and Naib Nazims. In order to attract people towards electoral politics, the minimum age for local government elections was lowered from 21 to 18 years. One-third seats were reserved for women.
The main purpose of introducing the Local Government System was to empower the people at the grassroots level and to transfer power from the elite to the masses. This system of grassroots democracy envisaged yielding new political leaders. It was also anticipated to solve people's problems at local level, allow public participation in decision-making and ensure the provision of speedy justice. The essence of this system was that the Local Governments would be accountable to the citizens for all their decisions. It would enable the proactive elements of society to participate in community work, development related activities and would remove rural-urban divide. The new Local Government plan was an effort on the part of the Military Government to lay the foundations of an authentic and enduring democracy.
The new System provided a three-tier Local Government structure:
1. The District Government
2. The Tehsil Government
3. The Union Administration
The District Government
The District Government consisted of the Zila Nazim and District Administration. The District Administration consisted of district offices including sub-offices at Tehsil level, who were to be responsible to the District Nazim assisted by the District Coordination Officer. The District Coordination Officer was appointed by the Provincial Government and was the coordinating head of the District Administration. The Zila Nazim was accountable to the people through the elected members of the Zila Council. A Zila Council consisted of all Union Nazims in the District, which consisted of members elected on the reserved seats. These seats were reserved for women, peasants, workers, and minority community. The Zila Council had its Secretariat under the Naib Zila Nazim and had a separate budget allocation. Adequate checks and balances were introduced in the System.
The new System also efficiently addressed the specific needs and problems of large cities. The District Government was responsible to the people and the Provincial Government for improvement of governance and delivery of services.
Tehsil Administration
The middle tier, the Tehsil, had Tehsil Municipal Administration headed by the Tehsil Nazim. Tehsil Municipal Administration consisted of a Tehsil Nazim, Tehsil Municipal Officer, Tehsil Officers, Chief Officers and other officials of the Local Council Service and officials of the offices entrusted to the Tehsil Municipal Administration. The Tehsil Municipal Administration was entrusted with the functions of administration, finances, and management of the offices of Local Government and Rural Development, and numerous other subjects at the regional, Divisional, District, Tehsil and lower levels.
Union Administration
The lowest tier, the Union Administration was a corporate body covering the rural as well as urban areas across the whole District. It consisted of Union Nazim, Naib Union Nazim and three Union Secretaries and other auxiliary staff. The Union Nazim was the head of the Union Administration and the Naib Union Nazim acted as deputy to the Union Nazim during his temporary absence. The Union Secretaries coordinated and facilitated in community development, functioning of the Union Committees and delivery of municipal services under the supervision of Union Nazim.
The Government allocated Rupees 32 billion to the Local Government in 2002. The funds were deposited in the account of the District Government. The District Government further distributed these funds to Tehsil and Unions. In addition to the fiscal transfers from the Province, the Local Governments were authorized to generate money from their own sources by levying certain taxes, fees, user charges, etc.
It is, however, pertinent to make a special mention that it is only in the absence of elected assemblies that local governments are the popularly elected bodies and play important political and developmental roles. After the election of Senators and members of the provincial and national assemblies, its role has been again substantially marginalized. The elected representatives of National and Provincial Assemblies usually take over some functions, which local governments used to perform and as such in many ways they are prone to intervene in the evolution of proper and improved Local government.
Local governments suffer from the fact that their existence is not constitutionally ordained and they are a mere extension of the provincial government. In the Constitution, the allocations of the functions of the federal and provincial governments are clearly specified whereas the existence of local government is not formally embodied in the Constitution. Moreover, financial, technical, and bureaucratic constraints plus limited revenue (merely 5 per cent of revenue generated by the government) cause the poor and almost non-existent local government for most of the time.

September Eleven 9/11 and Its Aftermath [2001]

On September 11, 2001, with the collapse of the World Trade Center started what the U.S. called "the war against terrorism". U.S. President George Bush termed it an act of terrorism and threatened strong action against the people who had carried out the attack. It was the Taliban and the Saudi millionaire-turned-militant Osama bin Laden who were eventually held responsible for it. President Bush said that the U.S. would do "whatever it takes" to hunt down "terrorists" and that if Osama bin Laden thought he could hide, "he was mistaken".
Pakistan became the center of world attention after the September 11 attacks. It was placed in a difficult situation as the U.S. threatened to carry out military strikes on the Taliban. Faced not only with international pressure to take part in curbing the war on terrorism, but also a strong domestic pressure not to side with the United States against an Islamic country, Pakistan sought to assume a delicate balance between the U. S. demands and an expected backlash from internal militant and religious organizations.
General Musharraf made efforts to persuade the country's political and religious leadership to support an alliance with the United States but was partially successful in his efforts. Liberal-minded politicians agreed to fully back the government while leaders of some hard-line Islamic parties were not happy. Several groups threatened to start a countrywide uprising in protest against any U.S. attack on the Taliban. All the religious parties and various political parties like the Jamiyat-i-Ulema-i-Islam, Jamaat-i-Islami, Pakistan Tehrik-i-Insaaf, shared the same opinion on the possible US military action against the Taliban regime and use of Pakistani soil. They were not only against attacking Afghanistan from Pakistan soil, but were also against offending Pakistan's closest brotherly neighbor, whom Pakistan had supported against the Soviet Union at the cost of burdening itself with a large number of refugees.
Pakistan was faced with a tough choice and irresistible pressure from the United States, an old ally and sole super power, to support a military strike against Osama bin Laden. That pressure, however, was combined with extreme reluctance to abandon Afghanistan's ruling Taliban, an old friend and neighbor. Pakistan in this difficult situation was left with actually little choice except to comply with U.S. demands. The Government, despite the protest of the religious parties, decided to cooperate with the U.S. However, it made it very clear that Pakistan would extend full cooperation to the international community in its fight against terrorism without involving its forces in any action beyond its geographical boundaries. The U.S. was given permission to make use of Pakistani airspace for U.S. missile or aerial strikes against targets in Afghanistan. Pakistan also agreed to the exchange of intelligence and logistic facilities and to the closing of Pakistan's border with Afghanistan.
US attack against the ruling Taliban started almost a month after the September 11 attacks as the Afghan Government refused to meet American demands of closing alleged terrorist training camps, handing over the leaders of the Al-Qaeda network, and return of all foreign nationals, including American citizens detained in Afghanistan.
As U.S. bombing on Afghanistan started, it was however forecasted on the bases of the Afghan resistance to the Soviets and all previous invaders since Alexander, that the Taliban would never give up their arms. The Americans would have to engage in a long, bloody, guerrilla warfare that would take months, if not years, to yield results. Snow would come and make fighting impossible. Further, sympathetic Muslim sentiment would topple the Musharraf regime and threaten others. It didn't happen that way; history did not repeat itself. The Americans and their coalition partners carried out extensive aerial bombardment of Afghanistan that led to the killing of large number of innocent civilians and to the takeover of the Taliban strongholds one after another. The Taliban regime was toppled and a transitional government of Taliban opposition was installed in its place.
Pakistan was once again faced with the refugee problem in the wake of U.S. military action in Afghanistan. Thousands of Afghans fleeing their country rushed to the Pak-Afghan border. The Government of Pakistan, already bearing the burden of millions of Afghan refugees, deployed additional forces to prevent the entry of displaced people into Pakistan. In spite of the fact that the borders remained closed, some 10,000 people or more crossed at various border points from Afghanistan into Pakistan, further increasing the number of refugees.
After the aerial offense, the ground offensive eventually started to oust the number of Taliban left in Afghanistan. The U.S. continues to focus on tracking down the remaining Al-Qaeda and Taliban leaders in Afghanistan. This means that the U.S. will maintain a significant military force and continue to play a role in the region in the future.
Pakistan once again supported its old ally, the United States, in its military action against Osama bin Laden at the cost of forsaking its old friend and neighbor, the Taliban. But the question whether the American government abandons or continues to support Pakistan after it achieves its objectives still remains to be answered.

Referendum 2002

After General Pervez Musharraf sacked the civilian Government headed by Prime Minister Mian Muhammad Nawaz Sharif on October 12, 1999, he had assumed the title of Chief Executive. It was claimed that the Army was forced to take this step to save the country from "turmoil and uncertainty". The General later on also ousted President Rafiq Tarar and himself became the President of Pakistan. After becoming the President, he reiterated his stance of holding elections as prescheduled by his Government in October 2002. But before the general elections, a referendum was held on April 30, 2002 for General Pervez Musharraf to be elected as the President of Pakistan for another five years.
The basic reason for holding the referendum was that the General wanted to abide by democratic principles and establish legitimacy for his rule though in the Constitution there was no provision to become President through referendum. According to the General, he wanted to stay as President in order to continue the economic recovery, ensure social stability, to counter unnamed destabilizing influences, and to eventually return to "true democracy". The Opposition parties opposed the referendum. A 15-party Alliance for the Restoration of Democracy was set up, including Pakistan's two main political parties, the Pakistan Peoples Party and the Pakistan Muslim League. The alliance considered President Musharraf's decision as unconstitutional and announced peaceful rallies to oppose it. They called for a boycott of the voting.
The referendum took place on April 30, 2002, with no competition and no option but to vote for General Musharraf. The referendum question put forward to the people was: "For the survival of the local government system, establishment of democracy, continuity of reforms, end to sectarianism and extremism, and to fulfill the vision of Quaid-i-Azam, would you like to elect President General Pervez Musharraf as President of Pakistan for five years?"
According to the Government there were 78 million eligible voters. Eighty seven thousand polling stations were set up, including booths set up at prisons, hospitals, petrol stations, workplaces, and markets. However, there were no voter lists or constituencies, and anyone who could prove his identity and age could vote at any polling station. According to the Government estimate, around 98 percent of the counted votes backed General Musharraf continuing in office and the turnout of the referendum was said to be around 70 percent.
The referendum result was quite a big question mark. Politicians and political analysts considered the referendum to be unconstitutional, as under the Constitution, the President could be chosen not via direct vote, but by the elected members of the National Assembly, Provincial Assemblies and the Senate. The Opposition claimed that not more than 5 percent of the electorate bothered to vote, implying that President Musharraf did not have popular support. Pakistan's Human Rights Commission also gave reports of some flagrant abuses, with few instances of multiple voting, and pressure on state employees to cast their votes.
However, the referendum certified the continuation of President General Pervez Musharraf's rule for another five years, with him claim to have the popular mandate to govern and to carry on with his economic and political reforms.

Legal Framework Order 2002

On August 24, 2002, Chief Executive General Musharraf issued the Legal Framework Order 2002, announcing general elections for the National and Provincial Assemblies to be held in October 2002. Constitutional Provisions were amended for smooth and orderly transition of power from the Chief Executive to the newly elected Prime Minister after the elections.
The main text of the L. F. O. 2002 stated as follows:
It has been specified that it will come into force henceforth and in the first meetings of National Assembly, Senate and Provincial Assemblies and that if any necessity arises for any further amendment of the Constitution or there is any difficulty in giving effect to any of the provisions of this Order, the Chief Executive will have the discretionary power to make provisions and pass orders for amending the Constitution or for removing any difficulty. It has been further asserted that the validity of any provision made, or orders passed, under clauses (1) and (2) shall not be called in question in any court on any ground whatsoever. The main points of L. F. O. 2002 may be summed up as below:
i) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders.
ii) Having received the democratic mandate to serve the nation as President of Pakistan for a period of five years, the Chief Executive on relinquishing the office of the C. E., shall assume the office of President of Pakistan forthwith and hold office for a term of five years under the Constitution, and Article 44 and other provisions of the Constitution shall apply accordingly.
iii) There shall be 342 seats of the members in the National Assembly, including seats reserved for women and non-Muslims.
iv) The seats in the National Assembly are allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under:
- Balochistan: General 14, Women 3, Total 17
- N. W. F. P.: General 35, Women 8, Total 43
- Punjab: General 148, Women 35, Total 183
- Sindh: General 61, Women 14, Total 75
- F. A. T. A.: General 12, Women 0, Total 12
- Federal Capital: General 2, Women 0, Total 2
- Total: General 272, Women 60, Total 332
v) In addition to the number of seats referred to in clause (iv), there shall be, in the National Assembly, ten seats reserved for non-Muslims.
vi) Members to the seats reserved for non-Muslims shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of total number of general seats won by each political party in the National Assembly. A political party securing less than five per centum of the total number of seats in the National Assembly shall not be entitled to any seat reserved for women or non-Muslims.
vii) If any question arises whether a member of the Parliament is disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, within 30 days, refer the question to the Chief Election Commissioner who shall give his decision thereon not later than three months from its receipt by the Chief Election Commissioner.
viii) If a member of a Parliamentary Party resigns from membership of his political party or joins another; or votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs concerning election of the Prime Minister or the Chief Minister; a vote of confidence or no-confidence; or a Money Bill, he may be declared in writing by the Head of the Parliamentary Party to have defected from the political party. The Head of the Parliamentary Party shall forward a copy of the declaration to the Presiding Officer, and a copy thereof to the member concerned.
ix) A member of a House shall be deemed to be a member of a Parliamentary Party if he having been elected as a candidate or nominee of a political party constituting the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing.
x) With an addition of "a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary", the clause 58 is revived.
xi) Where a Bill is referred to the Mediation Committee, it shall, within 90 days, formulate an agreed Bill likely to be passed by both Houses of the Parliament and place the agreed Bill separately before each House. If both the Houses pass the Bill, it shall be presented to the President for assent.
xii) All decisions of the Mediation Committee shall be made by a majority of the total number of members of each House in the Committee.
xiii) The President may, in consultation with the Speaker of the National Assembly and Chairman of the Senate, make rules for conduct of business of the Mediation Committee.
xiv) With an insertion of a new article 152A, there shall be a National Security Council whose chairman shall be the President in order to serve as a forum for consultation on strategic matters pertaining to the sovereignty, integrity and security of the State, and the matters relating to democracy, governance and inter-provincial harmony. Other members of N. S. C. shall be the Prime Minister, the Chairman of the Senate, the Speaker of the National Assembly, the Leader of the Opposition in the National Assembly, the Chief Ministers of the Provinces, the Chairman Joint Chiefs of Staff Committee, and the Chiefs of Staff of the Pakistan Army, Pakistan Navy and Pakistan Air Force. Meetings of the National Security Council may be convened by the President either in his discretion, or on the advice of the Prime Minister, or when requested by any other of its members, within the time frame indicated by him.
xv) On dissolution of an Assembly under article 58-2 (b) or, on completion of its term, the President, in his discretion, or, as the case may be, the Governor, in his discretion but with the previous approval of the President, shall appoint a caretaker Cabinet. When a caretaker Cabinet is appointed, on dissolution of the National Assembly under Article 58 or a Provincial Assembly under Article 112, or on dissolution of any such Assembly on completion of its term, the Prime Minister or, as the case may be, the Chief Minister of the caretaker Cabinet shall not be eligible to contest the immediately following election of such Assembly.
xvi) The Proclamation of Emergency of the 14th October, 1999, all President's Orders, Ordinances, Chief Executive's Orders, including the P. C. O. No. 1 of 1999, the Oath of Office (Judges) Order 2000, the Referendum Order 2002 (Chief Executive's Order No. 12 of 2002), and all other laws made between the October 12, 1999 and the date on which this Article comes into force, are hereby affirmed, adopted and declared notwithstanding any judgment of any court, to have been validly made by competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court on any ground whatsoever.
xvii) All Proclamations, President's Orders, Ordinances, Chief Executive's Orders, laws, regulations, enactments, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority.
Through L. F. O. 2000, the President and Chief Executive revived the Constitution of Pakistan, except a few articles pertaining to the Provincial Governments and the Senate of Pakistan, etc., with effect from 16th November, 2002, which are to be restored later. Those parts of the Constitution which are restored include "Preamble, Article 1 to 58 (both inclusive), Article 64 to 100 (both inclusive), Annex, insertion of Article 152A and the schedule to the Constitution".
Some of the immediate implications of the L. F. O. 2000 are:
a) L. F. O. 2000 has been sanctified by postulating that no body can challenge it in any court of law "on any ground whatsoever."
b) It is now assumed to be an integral part of the Constitution and there is no imperative left for the newly and duly elected National Assembly but to accept it willingly or unwillingly. The present Parliament is quite unable to reverse or do away with any of the Amendments, especially the one relating to the National Security Council. The Prime Minister and the whole Parliament are at the will of the President for their survival.
c) Many believe that the L. F. O. 2000 has been enforced without any regard for the Constitutional and democratic norms and proprieties. By terminating the Thirteenth Amendment that was not passed by two-third majority but a unanimous vote of the Parliament, the President has again been authorized to enjoy the power of dismissing the Prime Minister along with his Cabinet and the Parliament.
d) With the adoption of the Legal Framework Order 2002, Pakistan has virtually advanced from the parliamentary form of government to the presidential system. The Article 58-2 (b) clause has been revived and the insertion of the new clause 152A has created the National Security Council.
e) Though the function of National Security Council and the clause 58-2 (b) is to provide a system of checks-and-balances, there are some issues to consider. In case of a confrontation between the President and the Prime Minister, the majority of votes in the National Security Council will automatically go in favor of the President who can thus easily remove the Prime Minister, putting the Parliamentary form of government once again in jeopardy.
f) With a radically altered Constitutional Framework, in whose making the people of Pakistan have had no say, the sovereignty of the Parliament has been severely crippled.
g) Although the Article 58-2 (b) does not specifically mention the President as having the power to sack the Prime Minister, the dissolution of the Assembly automatically makes the Prime Minister go. As the recent past shows, this clause was misused by three Presidents to remove Prime Ministers for purely political reasons, even though the Constitution authorized the President to take such a drastic step only after it had become clear that "a situation had arisen in which the government of the federation cannot be carried on in accordance with the provisions of the Constitution." There is no doubt that every future Prime Minister will have to work under the constraints of 58-2 (b) at all times.
The only way to constitutionally amend the Constitution is through the Article 239, which lays down the following procedure:
"A bill to amend the Constitution may originate in either House (National Assembly or the Senate) and, when the bill is passed by the votes of not less than two-thirds of the total membership of the House, it shall be transmitted to the other House." As such, it is still considered by the Constitutional experts that General Musharraf requires two-thirds majority to have his Constitutional Amendments or L. F. O. 2000 validated. In addition, the legal position of General Musharraf is also not in accordance with the Constitution of Pakistan for it does not recognize a uniformed Army Chief as the Head of State. Under the Constitution of 1973, only a majority vote in National Assembly, Senate, and four Provincial Assemblies can elect a President.

General Elections 2002

After three years of military rule, Pakistan again headed towards democracy on October 10, 2002. More than 70 parties, big and small, contested the eighth national parliamentary election. The major parties contesting the elections were Peoples Party Parliamentarians, Pakistan Muslim League-Nawaz Group, Pakistan Muslim League-Quaid-i-Azam also called the "King's Party" for its unconditional support to the government, and the Muttahida Majlis-i-Amal (MMA), alliance of six religious political parties. Other known parties contesting at the national level included the six-party National Alliance led by former caretaker Prime Minister Ghulam Mustafa Jatoi, Imran Khan's Pakistan Tehrik-i-Insaaf and Tahir-ul-Qadri's Pakistan Awami Tehrik. Several regional parties, with strongholds in their own provinces included the Sindh-based Muttahida Qaumi Movement, Awami National Party, Jamhuri Watan Party, factions of Baluchistan National Movement and Pashtunkhwa Milli Awami Party.
The National and Provincial elections were held on the same day. More than 72 million registered voters aged 18 and above from a population of 140 million, elected members for the 342 National Assembly seats and 728 seats of the four Provincial Assemblies. A total of 2,098 candidates contested for 272 general seats of the National Assembly. The remaining 60 seats were reserved for women and 10 for non-Muslim minorities. These seats were to be allocated on the basis of proportional representation to parties bagging at least five per cent of the total general seats. In the Provincial Assemblies out of the full 371 seat Punjab Assembly, 66 were reserved for women and eight for minorities, in the 168 seat Sindh Assembly, 29 for women and nine for minorities, in the 124 seat N. W. F. P. Assembly, 22 for women and three for minorities, and the 65 seat Baluchistan Assembly, 11 for women and three for minorities.
Voting was carried out from 8 in the morning till 5 in the evening on some 65,000 polling stations having 164,718 polling booths across the country, with segregated voting booths for women. The elections were observed and monitored by hundreds of local and 300 international observers, including observers from European Union and the Commonwealth, as well as local rights group.
These elections were different from the previous ones due to the number of legislation passed by the Government. Convicted people were barred from taking part in elections under the Representation of the People's Act. Several other politicians were unable to contest the elections, as they did not have a Bachelor's Degree, which was a mandatory qualification in the elections. Pakistan's leading political personalities Benazir Bhutto of the P. P. P. and Nawaz Sharif of the Pakistan Muslim League-Nawaz Group were barred from standing in the elections under the new electoral laws. And for the first time since 1977, the minority communities that included Christians, Hindus and Parsees contested and voted for all general seats in the National and Provincial Assemblies. The age limit of voting in these elections was also lowered from 21 to 18 years.

The election results issued after inexplicable delay not only led to no major party having an overall majority in the new National Assembly, but also were surprising with an unexpectedly large number of seats won by the Islamic parties. The religious alliance known as Muttahida Majlis-i-Amal (MMA) secured 51 seats, emerging as the third largest party in the National Assembly elections after P. M. L. (Q) with 76 seats and PPPP with 62 seats. A total of 121 seats were won by three major anti-Government parties, including 62 seats by PPPP, 51 by MMA and the PML (N) won 14 seats. The Islamic parties, which previously had actually won fewer seats, came in strong this time by capitalizing on opposition to Pakistan's partnership with the United States in the bombing of Afghanistan and in the war against terrorism. The MMA got a clear-cut majority in NWFP and Baluchistan provinces where it easily formed a government on its own. In the rest of the Provincial Assemblies coalition governments were formed as no party had come in with a complete majority.

The elections had a low turnout of 20 to 25 percent as compared to 35.42 percent in 1997 general election. Despite government assurances that the elections would be fair, free and transparent, different political parties alleged that the elections were engineered and the government was involved in massive rigging. It was alleged that ballot engineering was behind the sluggish pace of announcements of the election results.
With no party emerging with a simple majority Pakistan faced menace of a hung parliament. A coalition government was, however, set up with Mir Zafarullah Khan Jamali, the candidate of PML (Q) as the Prime Minister of Pakistan with the help of MQM, a number of independent candidates and 10 members of the Pakistan Peoples Party Parliamentarians who defected from the party to form their own Forward Block.

Zafarullah Khan Jamali Becomes Prime Minister [2002]

Zafarullah Khan Jamali was elected the 21st Prime Minister of Pakistan by the newly elected Parliament on November 21, 2002. President General Pervez Musharraf administered the oath to the new Prime Minster at the Aiwan-i-Sadr on November 23. He now heads Pakistan's first civilian government after three years of military rule of General Pervez Musharraf.
The October elections resulted in a political deadlock as no party won with an overall majority. This led to the delay in the appointment of the Prime Minister. The President did not call the National Assembly session until the creation of PPP's forward bloc and the floor-crossing law was held in abeyance. Maulana Fazl-ur-Rehman of the Muttahida Majlis-i-Amal, Shah Mahmud Qureshi of the Pakistan Peoples Party Parliamentarians and Mir Zafarullah Khan Jamali of Pakistan Muslim League (Quaid-i-Azam) were the main contender for the seat of Prime Minister. Mir Zafarullah Khan Jamali won by securing 172 votes out of 329 votes, against 89 bagged by Maulana Fazl-ur-Rahman and 70 by Shah Mahmud Qureshi. Mir Zafarullah Khan Jamali was however, able to get the desired number of votes after 10 members of the Pakistan Peoples Party Parliamentarians defected from the party to form their own Forward Block in order to support Mir Zafarullah Khan Jamali.
Zafarullah Khan Jamali has promised to continue President Musharraf's economic and foreign policies, particularly in supporting the ongoing international war against terrorism. He reiterated Pakistan's support for the United States led war on terrorism and said "Pakistan has become a frontline state, and will remain one". Mir Zafarullah Khan Jamali in one of his first acts announced a 25-member Cabinet. The Cabinet includes four unelected advisers and several legislators who had defected from Pakistan Peoples Party. The PPPP dissidents for their critical support to Mir Zafarullah Khan Jamali's pro-Musharraf Pakistan Muslim League (Quaid-i-Azam) got the top slot ministries in the Government. Rao Sikandar and Makhdoom Faisal Saleh Hayat have been given the two most powerful Ministries of Defense and Interior. Out of the ten PPPP dissidents, six have been accommodated either as full or junior Ministers.
Mir Zafarullah Khan Jamali's Government faces tough challenges ahead. He not only faces a strong opposition in the National Assembly, but also has to keep his multi-party coalition together while sharing power with President Pervez Musharraf. The President still retains the ultimate power, with the authority to dissolve Parliament and sack the Prime Minister. On December 29, 2002, Mir Zaffarullah Khan Jamali won the vote of confidence of 188 members out of the 342-seat House.
Jamali, who had plunged into politics against a dictator when he campaigned for Mohtarma Fatima Jinnah in her presidential race against Pakistan's first dictator, Ayub Khan, is now working readily and steadily to run the Parliament as well as uphold the order of the President and the army in various areas. Jamali's clash with either president or Army will certainly cost his saddle like the late ex-Prime Minister Mohammad Khan Junejo. It is a tribute to his pleasing personality that even the main Opposition, i.e., MMA while sticking to its own political agenda, has pledged publicly not to destabilize his Government so that the democratic dispensation takes firm roots. His pledge not to take any major step without consulting the opposition and that his opponents would not be dragged in false cases has at length led to the strengthening and functioning of “sustainable of democracy”. Though Mir Zafarullah Khan Jamali who did bear confidence of the majority in the Parliament and tried to maintain amicable terms with the most powerful President as well as the Opposition with his traits of humility and decency, could not complete his five-year term and suddenly had to resign on June 26, 2004.

Seventeenth Amendment [2003]

Seventeenth Amendment is basically the Legal Framework Order 2002 that has been accepted as part of the Constitution with minor modifications and may be, therefore, termed as an LFO-amended Constitution. After a surprise deal between PML(Q) and MMA (Mutahida Majlis-e-Amal), the 17th Amendment has now become part of the 1973 Constitution after the formal approval of President General Pervez Musharraf. A year-old constitutional deadlock was broken only because of "flexibility" shown by President General Pervez Musharraf and top MMA leadership. The amendment allows General Pervez Musharraf to serve out his term as President, which ends in 2007, and formalize special powers he had decreed himself giving him the right to sack the prime minister and disband parliament by decree. In return, Musharraf agrees to step down as army chief, supposed to be the main source of his power, by December 31, 2004.
The seventeenth amendment now allows the provision for "vote of confidence for further affirmation of the president in office by majority of the members present and voting, by division or any other method as prescribed in the rules made by the federal government under clause (9), of the electoral college consisting of members of both Houses of Parliament and the provincial assemblies". Accordingly a vote of confidence was passed in favor of the President on January 1, 2004 by members of both National Assembly and the Senate. Despite the fact the MMA abstained from giving the vote of confidence to the President, it has indirectly accepted him as elected president by allowing vote of confidence from both houses of parliament and provincial assemblies.
Under the Article 58(2)(b), "the President in case of dissolution of the National Assembly shall, within fifteen days of the dissolution, refer the matter to the Supreme Court and the Supreme Court shall decide the reference within thirty days whose decision shall be final".
Likewise, under the Article 112, the governor in case of dissolution of the provisional assembly shall also refer the matter to the Supreme Court with the previous approval of the president and the Supreme Court shall decide the reference within thirty days whose decision shall be final.
Another amendment is the addition of the words "in consultation with the Prime Minister" in place of "in his discretion" in Article 243 of the Constitution giving the Prime Minister a constitutional say in the appointment of services chiefs. Article 152(A) of the Constitution has been omitted that related to the establishment of a National Security Council. The National Security Council may be, however, created with the passage of a bill with simple majority.
17th Amendment has amended Article 41(1)(7)(b) of the Constitution whereby Article 63(1)(d) of the Constitution has been made inoperative till December 31, 2004. Article 63(1)(d) deals with the disqualification for membership of Parliament and under Article 41(2) only a person qualified to be elected as member of the National Assembly, can be elected as President. This means that for the duration that that Article 63(1)(d) is inoperative, the President is not barred from being elected as the President while he holds the office of COAS. But it is interesting to note that the Article 43(1) of the Constitution still remains intact that says: “The President shall not hold office of profit in the service of Pakistan carrying the right to remuneration for the rendering of services,” Since no amendment has been made in this clause, the Article 43(1) disallows a person simultaneously to be the President and the COAS of the country.
The bill granted indemnity to all actions of President General Pervez Musharraf since military action of October 12, 1999 as according to the 270AA, the Parliament has "affirmed, adopted and declared to have been duly made by the competent authority … all laws made between October 12,1999 and the date on which the Article comes into force".
In the Article 179, retirement age of the Supreme Court judges has now been fixed at 65 year. This was a huge concern for the lawyers of the country who have at least welcomed this move.

Chaudhry Shujaat Hussain Becomes Prime Minister [2004]

Ch. Shujaat Hussain, who heads the ruling faction of the Pakistan Muslim League, PML (QA) took the post in a caretaker position on June 30, 2004 four days after Zafarullah Jamali resigned all of a sudden. Chaudhry Shujaat was elected leader of the house after securing 190 whereas his opponent ARD’s Makhdoom Amin Fahim got 76 votes. With a 27-member Cabinet, Ch. Shujaat Hussain announced after taking oath as Prime Minister of Pakistan: "We will continue to pursue the policies of the President with regard to good governance and economic development".
Prime Minister Ch. Shujaat Hussain announced formation of a special parliamentary committee to resolve Balochistan crisis by initiating political dialogue and giving representation all parliamentary parties of the upper House in the committee and offered to act as a member of the committee to resolve the problem through talks. Taking into consideration that "the success of the next government will be evaluated on its economic performance," he said this very thinking led the Pakistan Muslim League and its allied parties to select Finance Minister Shaukat Aziz as the next executive head of the country. In an interview, he said: "My nomination by Mir Zafarullah Khan Jamali and nomination of Shaukat Aziz after consulting the President were in line with the set traditions. There should be no hue and cry over such technicalities". Chaudhry Shujaat Hussain expressed gratitude to Almighty Allah for being the first elected Prime Minister in the country’s history to leave the office, after discharging his obligations (only for 45 days), with dignity and honor.
A notable contribution of the 22nd Prime Minister during his short tenure is the introduction of the Defamation (Amendment) Bill that was hurriedly passed by the Parliament to protect the dignity, reputation and esteem of a person from any false and wanton accusation imposing enhanced punishments for libel. Most probably through the new Defamation Bill, he wanted to save all those from being regularly accused of getting huge bank loans which were later on written off.
Ch. Shujaat Hussain also directed the Punjab Government to declare village Gah in District Chakwal — birthplace of Indian Prime Minister Manmohan Singh — as a model village and the Government Boys Primary School at Gah as the 'Manmohan Singh Government Boys Primary School', as a gesture of goodwill to strengthen the peace process between Pakistan and India. Dr. Singh's family migrated to the Indian side of Punjab before Partition. When he became Prime Minister in May, there were celebrations in the Pakistani village where he was born and attended the primary school.
Another significant announcement made by him was that the coffin of Chaudhry Rehmat Ali, who evolved the nomenclature 'Pakistan' before partition, will be brought to Pakistan later this year for a formal burial in Pakistan. Chaudhry Rehmat Ali who is well-known for his historic pamphlet "Now or Never; Are we to live or perish forever?" had died in February 1951 and was buried in Cambridge City graveyard. Later, he coined the word 'Pakistan' for the Muslims who lived in the five northern states of India - Punjab, North West Frontier (Afghan) Province, Kashmir, Sindh and Balochistan.

Shaukat Aziz Becomes Prime Minister [2004]

Shaukat Aziz became the 23rd Prime Minister of Pakistan on August 23, 2004 after he won two National Assembly seats from Attock and Tharparkar on August 18 by-elections and took oath as Member of National Assembly on August 20. He retained the Attock seat, he took over the charge of premiership of Pakistan from Chaudury Shujaat Hussain who remains the President of Muslim League (QA).
He was born in Karachi on March 6, 1949 and received his early education at Saint Patrick’s School, Karachi and Abbottabad Public School. He was awarded the Master of Business Administration (MBA) degree in 1969 at the Institute of Business Administration (IBA), Karachi. He joined the Citibank in 1969, Karachi and served overseas in 1975, holding higher positions in several countries including USA, UK, Malaysia, Singapore and Saudi Arabia. He was appointed Executive Vice President of Citibank in 1992 and till he joined the Government of Pakistan as Finance Minister in 1999. Well regarded by global financiers, Shaukat Aziz is, indeed, President Pervez Musharraf's choice for the top post.
Shaukat Aziz who has retained the Ministry of Finance is regarded as an optimist who is determined to use Pakistan's potential and bring Pakistan at par with other Asian countries like China, Thailand, Malaysia and other regional economic giants. He looks for a bright future for Pakistan if its human capital and resources are utilized positively. After taking oath as Member of the National Assembly, Shaukat Aziz has also declared that efforts would be made for provision of good governance, improvement in legal and police systems and provision of opportunities to the people, especially the common man. Analysts say his main duties as premier will be to improve the day-to-day running of the federal government and see that policies are more effectively executed. Many people attribute Pakistan’s economic revival to his prudent policies, while others claim it was the global situation that made it possible. Some others argue that his policies did more harm than good by marginalizing the common man as the poverty level failed to decline. It is, however, hoped that Mr. Aziz who is the choice of a section of Pakistan's rulers will win friends in the international financial institutions.
Although Shaukat Aziz is expected to come up with more concrete relief due to his finance management skill and stress on macroeconomics, Shaukat Aziz will have to take quick steps on the path of learning the intricacies of both the global and national politics. It is an area that is full of pitfalls and various blind alleys. No spiritual or political academy or any book is likely to give him readymade guidelines about unpredictable turns and situations likely to come his way. He is sure to succeed if he is convinced to apply the tricks of the "trade".

The Tashkent Declaration signed by the Indian Prime Minister Lal Bahadur Shastri and the Pakistani President Muhammad Ayub Khan was not at all approved by the general public, and was regarded as submission to India and humiliation for the nation. Politicians were already unhappy with Ayub Khan whose Government was celebrating the decade of various reforms. But he fell victim to the then Foreign Minister, Zulfiqar Ali Bhutto, who exploited the whole situation. He resigned from office and after forming a party of his own, Pakistan Peoples Party, announced to "defeat the great dictator with the power of the people". As a result, he and others were arrested.
Ayub Khan tried his best to handle the situation by releasing a number of political prisoners, including the most popular leader of East Pakistan, Sheikh Mujib-ur-Rahman. He held a Round Table Conference in Rawalpindi with all the well-known political leaders in March 1969, but it proved to be a stalemate, with the result that Ayub Khan was forced to hand over power to General Muhammad Yahya Khan, on March 25, 1969. Pakistan was now under the grip of another Martial Law.
Being deeply aware of the explosive political situation in the country, General Yahya Khan set in motion moves to transfer power to the elected representatives of the people and announced that the general elections would be held on October 5, 1970.

Legal Framework Order [1970]

After the abrogation of the Constitution of 1962, Yahya Khan needed a legal framework to hold elections. In April and July 1969, he held discussions with prominent political party leaders to learn their point of view. Most of them asked for the revival of the Constitution of 1956 on the ground that its abrogation had been unlawful, and the country should return to the constitutional position prevailing on the eve of the 1958 coup. Yahya Khan initially agreed with this opinion, but had to change his stance due to opposition from the Awami League.
Not being well versed in constitutional affairs, he appointed a team to draft a new constitutional formula. He voiced his ideas about the constitutional issues in his broadcast address to the nation on November 28, 1969. The formula was officially issued on March 30, 1970, and is known as the Legal Framework Order of 1970. According to this order, One Unit was dissolved in West Pakistan and direct ballot replaced the principle of parity.
The National Assembly was to consist of 313 seats, including 13 seats reserved for women. Women were also allowed to contest the elections from general seats. The distribution of seats was to be as follows:
East Pakistan: 162 general and 7 reserved seats
Punjab: 82 general and 3 reserved seats
Sindh: 27 general and 1 reserved seat
N. W. F. P.: 18 general and 1 reserved seat
Baluchistan: 4 general and 1 reserved seat
Centrally Administered Tribal Areas: 7 general seats
The L. F. O. also defined the qualifications of people who would be allowed to contest in the elections. The Constituent Assembly was to stand dissolved if it was unable to frame the Constitution within 120 days. Actually, the Legal Framework Order was to act as an interim Constitution.
The primary function of the L. F. O. was to provide a setup on which elections could be conducted. It was then the duty of the elected Constituent Assembly to draft the Constitution of Pakistan. However, the L. F. O. defined the directive principles of State policy and made it clear that the future Constitution should not violate these basic principles. The directive principles demanded an Islamic way of life, observation of Islamic moral standards, and teaching of the Quran and Sunnah to the Muslims.
The Legal Framework Order also urged the Constituent Assembly to frame a Constitution in which Pakistan was to be a Federal Republic and should be named Islamic Republic of Pakistan. It also called for the preservation of Islamic Ideology and democratic values. The Constituent Assembly was also supposed to frame a Constitution in which all citizens of Pakistan were to enjoy fundamental human rights. Judiciary should remain independent from the Executive and provincial autonomy is protected.
The President was given the power to reject any Constitution framed by the Constituent Assembly if the document did not fulfill the above-mentioned requirements. The President also had the power to interpret and amend the Constitution, and his decision could not be challenged in a court of law.

General Elections 1970

The political history of Pakistan from 1947 to 1970 witnessed no general elections. Thus, when Yahya's Regime decided to hold the first general elections on the basis of adult franchise at national level, they were not only required to make a new mechanism but were also required to set up a permanent election machinery. A three-member Election Commission was set up and Justice Abdus Sattar was appointed as the first Chief Election Commissioner of Pakistan.
The first task before the Election Commission was to enroll as voters all citizens of Pakistan who were at least 21-years old on October 1, 1969. The electoral rolls were put before the masses for corrections on January 16, 1970, and after necessary amendments, the final list was published on March 17. The total registered voters in the country were 56,941,500 out of which 31,211,220 were from the Eastern Wing, while 25,730,280 from the Western Wing. The Election Commission also marked the constituencies, in accordance with the seats allocated for the National and Provincial Assemblies under Legal Framework Order, 1970. One hundred and ninety nine Returning Officers were appointed for the National Assembly and 285 Returning Officers were appointed for the Provincial Assemblies.
Twenty four political parties participated in the elections. They were allowed to begin their election campaigns from January 1, 1970. The public meetings of Awami League in Bengal and Pakistan Peoples Party in the Punjab and Sindh attracted huge crowds. Awami League mobilized support on the basis of its Six-Points Program, which was the main attraction in the party's manifesto. While Z. A. Bhutto's personality, his socialistic ideas and his slogan of "Rotti, Kapra aur Makan", meaning food, clothing and shelter, were the factors that contributed to the popularity of Pakistan Peoples Party. The rightist parties raised the religious slogans, while the leftists raised slogans based on regional and communistic ideas.
A total 1,957 candidates filed their nomination papers for 300 National Assembly seats. While after scrutiny and withdrawals, 1,579 contested the elections eventually. None of the political parties filed nominations of their candidates on all the seats. Awami League nominated 170 candidates out of which 162 were for the constituencies in East Pakistan. The party that filed second highest number of candidates was Jamaat-i-Islami. It filed 151 candidates. There were only 120 candidates contesting the elections on the ticket of Pakistan Peoples Party, out of which 103 were from the constituencies in the Punjab and Sindh. Pakistan Peoples Party didn't nominate a single candidate from East Pakistan. Convention Muslim League nominated 124 candidates, Council Muslim League 119 and Qayyum Muslim League 133.
According to the original schedule, polling for the National Assembly was to be held on October 5 and for the Provincial Assemblies on October 19. However, due to the floods in the East Pakistan, the dates were changed to December 7 and 17, respectively. Elections on nine National Assembly and 18 Provincial Assembly seats, however, could not be held on these dates because of the cyclone that hit a large part of East Pakistan. Elections for these seats were held on January 17, 1971.
According to the results of the elections, Awami League emerged as the single largest party in the National Assembly by winning 160 seats. It was also able to win 288 out of 300 seats in the East Pakistan Assembly. However, the party failed to win even a single seat in the four Provincial Assemblies of West Pakistan. Pakistan Peoples Party managed to win 81 out of 138 seats reserved for West Pakistan in the National Assembly. The party also performed well in the Provincial Assembly polls of the Punjab and Sindh Assemblies.
The election results showed that the rightist parties were completely routed. The biggest reason for this was the division of votes among several candidates on almost every seat. Qayyum Muslim League, Council Muslim League, Convention Muslim League, Jamiyat-i-Ulema-i-Islam, Jamiyat-i-Ulema-i-Pakistan and Jamaat-i-Islami as a whole could only secure 37 National Assembly seats. National Awami Party and Jamiyat-i-Ulema-i-Islam emerged as the prominent parties in the N. W. F. P and Baluchistan Assemblies.

The Separation of East Pakistan [1971]

The separation of East Pakistan was a great setback to Pakistan. By 1970, sentiments for national unity had weakened in East Pakistan to the extent that constant conflict between the two Wings dramatically erupted into mass civil disorder. This tragically resulted in the brutal and violent amputation of Pakistan's Eastern Wing.
The physical separation of a thousand miles between the two wings without a common border, and being surrounded by Indian territory and influences, led to constant political, economic and social conflicts between the two wings; embittering relations bringing the country on the verge of collapse.
As a result of the separation of its Eastern Wing, Pakistan's international credit was depleted and the military, being its most powerful institution, suffered a lot. To some, the very concept of Pakistan as the homeland for the Muslims in Southeast Asia no longer appeared valid.
Trouble started right at the inception of Pakistan in 1947. Almost immediately, East Pakistan claimed that as their population (55 percent as compared to 45 percent in the West) was greater, they were in a majority. Democratically, the Federal Capital, therefore, should have been in Dhaka and not in Karachi.
Since Karachi was the seat of the National Government; ministers, government officials and industrialists exerted immense influence on national and regional affairs, which brought them many benefits. But the East Pakistanis were unable to extract the same kind of advantages, as they were a thousand miles away from the Capital. Moreover, the Capital initially attracted wealthy industrialists, businessmen, administrators, doctors and other professionals who had fled from India.
The location of the Capital, it was said, created great economic imbalance, uneven distribution of national wealth and privileges, and better jobs for the people of West Pakistan, because they were able to sway decisions in their own favor.
Secondly, Bengalis resented the vast sums of foreign exchange earned from the sale of jute from East, which were being spent on defense. They questioned how the expenditure for the Kashmir cause would be justified, when it could otherwise have been productively used to build dams and barriers to control floods, eradicate poverty and illiteracy, and supply food and shelter for the ever-growing population in East Pakistan.
Thirdly, the people of the East believed that it was sheer regional prejudice that all white-collar jobs were taken by West Pakistanis.
Many mistakes were made early in the short history of Pakistan. There lived in East Pakistan about 15 million Hindus who, with the help of their fellow West Bengali Indians from across the border, were able to exploit East-West differences that emerged as a result of these mistakes. Grievances were exaggerated to foster anti-West Pakistani feelings that eventually created Bengali Nationalism and separatist tendencies. Bengali political leaders went around depicting the Central Government and West Pakistan as hostile exploiters. However, no effective efforts were made by the Government to check these anti-national trends.
Awami League, formed in 1951, was headed by Sheikh Mujib-ur-Rahman. He had always been an ardent Bengali nationalist. He began to attract popular support from Bengalis in East Pakistan. He put forward his Six Points that demanded more autonomy for the Provinces in general, and East Pakistan in particular. He was arrested in April 1966, and soon released, only to be rearrested and imprisoned in June the same year. He languished in prison until February 1969.
Being deeply aware of the explosive political situation in the country, the then Chief Martial Law Administrator, Yahya Khan, set in motion moves to transfer power to the elected representatives of the people, and announced that the general elections would be held on October 5, 1970.
In all his election speeches, Sheikh Mujib-ur-Rahman reiterated his demand for implementation of his Six Points and provincial autonomy plans.
The 1970 elections were postponed from October to December due to heavy floods that caused immense destruction and havoc in East Pakistan. The sheer enormity of the disaster attracted worldwide attention. This gave Sheikh Mujib-ur-Rahman a golden opportunity to have an international audience for his anti-West Pakistan feelings, which he accused of brutal callousness. The Awami League gained much sympathy and benefit out of this suffering, and Sheikh Mujib-ur-Rahman and his people were portrayed on the international scene as victims of West Pakistan's indifference.
In the general elections held in December 1970, the Awami League achieved an overwhelming victory. They captured 167 seats, the highest number in East Pakistan and overall. In the West, the Pakistan Peoples Party had won 85 seats. The way was now open to draw up a new Constitution.
The Awami League, now overwhelmingly victors, stood firm on its Six Points plan and refused to compromise on that issue. The Peoples Party in the West maintained that the Six Points Program did not really permit a genuine federation. It was in fact a unique constitutional proposal that proposed a federation that had power only over defense and foreign policy.
Efforts were made to start a constitutional dialogue and narrow the differences between the two Wings, but all in vain. Mujib-ur-Rahman's adamant stand in support of his Six Points, and his proposal that East Pakistan should have a sovereign status independent of Pakistan, further aggravated the situation.
Mujib-ur-Rahman launched a non-cooperation movement. The civil administration was totally paralyzed. All government and educational institutions were closed. People were asked not to pay any taxes. The transport system came to a standstill. Factories and shops were shut. All government activities between both the Wings ceased. The Awami League setup a parallel government. Gangs of local Awami League freedom fighters, known as Mukti Bahini, led violent demonstrations and howled racial and anti-West Pakistan slogans, inciting the people to more violence.
Amidst these disturbances, Genaral Yahya decided to convene the National Assembly in March 1971. But Sheikh Mujib-ur-Rahman unexpectedly put forward other demands such as the immediate lifting of Martial Law and power transfer to the elected representatives of the people, prior to the National Assembly session.
Unfortunately, on March 23, the Republic Day of Pakistan, the Awami League declared "Resistance Day" and Bangladesh flags flew all over the Province. There was a great massacre. East Pakistan had reached a point of no return. To quash the armed rebellion of Awami League militants, the Pakistan Army struck its first blow on March 27, 1971. Yahya Khan chose to use force to bring law and order in the country.
In the meantime, India exploited Pakistan's dilemma to the full. It sought to wring full propaganda and strategic value for itself out of the Bengali suffering and misery. India launched an attack on East Pakistan on November 22, 1971. The use of modern Soviet missiles, geographical separation by a thousand miles lying across the hostile Indian territory, and the collusion of Mukti Bahini and the Indian Army, made Pakistan's military defeat in the East almost certain.
On December 10, 1971, the first feeler for surrender in East Pakistan was conveyed to the United Nations. On December 17, 1971, a formal surrender was submitted and accepted. Forty five thousand troops and an almost equal number of civilians of West Pakistan were taken as prisoners of war.
The text of the Instrument of Surrender document was as follows:
"INSTRUMENT OF SURRENDER"
The PAKISTAN Eastern Command agree to surrender all PAKISTAN Armed Forces in BANGLA DESH to Lieutenant-General JAGJIT SINGH AURORA, General Officer Commanding in Chief of the Indian and BANGLA DESH forces in the Eastern Theatre. This surrender includes all PAKISTAN land, air and naval forces as also all para-military forces and civil armed forces. These forces will lay down their arms and surrender at the places where they are currently located to the nearest regular troops under the command of Lieutenant- General JAGJIT SINGH AURORA.
The PAKISTAN Eastern Command shall come under the orders of Lieutenant-General JAGJIT SINGH AURORA as soon as this instrument has been signed. Disobedience of orders will be regarded as a breach of the surrender terms and will be dealt with in accordance with the accepted laws and usages of war. The decision of Lieutenant-General JAGJIT SINGH AURORA will be final, should any doubt arise as to the meaning or interpretation of the surrender terms.
Lieutenant- General JAGJIT SINGH AURORA gives a solemn assurance that personnel who surrender will be treated with dignity and respect that soldiers are entitled to in accordance with the provisions of the GENEVA Convention and guarantees the safety and well-being of all PAKISTAN military and para-military forces who surrender. Protection will be provided to foreign nationals, ethnic minorities and personnel of WEST PAKISTAN origin by the forces under the command of Lieutenant- General JAGJIT SINGH AURORA.
Signed:
(JAGJIT SINGH AURORA) Lieutenant-General General Officer Commanding in Chief Indian and BANGLA DESH Forces in the Eastern Theatre
(AMIR ABDULLAH KHAN NIAZI) Lieutenant-General Martial Law Administrator Zone B and Commander Eastern Command (PAKISTAN)
16 December 1971"
The surrender led to the disintegration of East and West Pakistan and the establishment of Bangladesh. After 25 years, the East Pakistanis declared themselves independent and renamed their Province as Bangladesh. Pakistan finally recognized Bangladesh at the Islamic Conference in Lahore on February 22, 1974.

Zulfikar Ali Bhutto becomes President [1971]

After the disastrous war with India that ingloriously concluded in December 1971, Pakistan had to face its greatest crisis since Independence. The dismembered Pakistan was left only with the four Provinces of West Pakistan; Punjab, Sindh, N. W. F. P. and Baluchistan. East Pakistan was now independent. Pakistan had lost a whole province of 70 million, 56 percent of the total population, and over 54,501 sq. miles of territory. There were 93,000 prisoners of war in India and Bangladesh. Pakistan's international credit was depleted.
President Yahya tried to act in a militaristic manner to impose law and order but the people's patience had been exhausted by this time. Military leadership had been discredited. Disillusionment, uncertainty and pessimism prevailed. People were no longer prepared to tolerate misgovernment. The public severely criticized and accused President Yahya and his Government for ineptness and inability that culminated with the 1971 national debacle.
Faced with these difficulties, President Yahya ceded power to Zulfiqar Ali Bhutto, Chairman of the Pakistan Peoples Party that had won the majority votes in the 1970 elections in West Pakistan. On the request of Zulfiqar Ali Bhutto, on December 6, 1971, Yahya Khan installed a civilian setup at the Centre and Nurul Amin, a prominent Bengali politician who was against Mujib-ur-Rahman, was made the Prime Minister. Z. A. Bhutto was made Deputy Prime Minister on the same day. Nurul Amin remained Prime Minister till December 20, 1971, the day when Bhutto took over as the civilian Chief Marshal Law Administrator.
A Pakistan International Airline flight was sent to fetch Bhutto from New York, who at that time was pleading Pakistan's case before the United Nations Security Council on the East Pakistan Crises. Bhutto returned home on December 18, 1971. On December 20, he was taken to the President House in Rawalpindi where he took over two positions from Yahya Khan, one as President and the other as Chief Martial Law Administrator. Thus he was the first civilian Chief Martial Law Administrator of the dismembered Pakistan.
The new President inherited a disturbed and desperate nation sobbing and suffering from an intangible loss of confidence. In this dismal hour, he addressed the nation and promised to fight back. He vowed to build a new Pakistan.
Bhutto's intentions to restore national confidence were in several shapes. He spoke about democracy, a new Constitution, and a modified federal and parliamentary system. He took steps to stabilize the situation by successfully negotiating the return of the 93,000 prisoners of war and a peaceful settlement with India. He took steps to ameliorate poverty and to revitalize the economy, industry and agriculture. He gave the third Constitution to the country and established civilian authority over the armed forces in the political setup.
In early 1972, Bhutto nationalized ten categories of major industries and withdrew Pakistan from the Commonwealth of Nations and S. E. A. T. O. On March 1, he introduced extensive land reforms. On July 2, 1972, he signed the Simla Agreement with India for exchange of the occupied territories and release of Prisoners of War.
After the 1973 Constitution was promulgated, Bhutto was elected by the House as the Prime Minister of Pakistan. He was sworn-in on August 14, 1973.

The Hamood-ur-Rahman Commission Report [1971]

In December 1971, within a week of replacing General Yahya as the President, Bhutto formed a commission headed by the Chief Justice of the Supreme Court, Justice Hamood-ur-Rahman. The Commission's responsibility was to ascertain the facts of the 1971 debacle. The commission interviewed 213 persons including General Yahya, Z. A. Bhutto, Chief of Air Force, Chief of Navy, senior commanders, and various political leaders. It submitted its first report in July 1972.
Originally there were 12 copies of the Report. These were all destroyed; expect the one that was handed over to Z. A. Bhutto. Neither Bhutto, nor the Army which took over in 1977, made the Report public. Though the Report remained classified, its contents were presumably learned from various writings and memoirs of the military officers narrating their side of the story of what the Hamood-ur-Rahman Inquiry Commission had to say. The report recommended public trials of the concerned officers responsible for the 1971 debacle.
The inquiry was reopened in 1974. The Commission again interviewed 73 bureaucrats and top military officers and submitted its supplementary report in November 1974. It was this supplementary report that was presumably published by an Indian magazine in August 2000, and afterwards allowed to be published in the Pakistani press. Publicizing of the Report by the Indian media was not a surprise since it had come out at a time when there was international pressure mounting on India to resolve the Kashmir dispute. Immense human rights violations were being reported by international organizations such as Amnesty International and Asia Watch with reference to the role of Indian Security Forces in the Indian-held Kashmir. The publication of the Report was seen in Pakistan as an attempt by India to divert the world attention from its inhumane and unjustified actions in Kashmir.
Volume I of the main report dealt with political background, international relations, and military aspects of the events of 1971. Volume I of the supplementary report discussed political events of 1971, military aspect, surrender in East Pakistan and the moral aspect.
A large number of West Pakistanis and Biharis who were able to escape from East Pakistan told the Commission awful tales of the atrocities at the hands of the Awami League militants. It was revealed that many families of West Pakistani Officers and other ranks serving with East Bengal Units were subjected to inhuman treatment. Their erstwhile Bengali colleagues had butchered a large number of West Pakistani Officers.
As the tales of slaughter reached West Pakistani soldiers of other Units, they reacted violently, and in the process of restoring the authority of the Central Government, committed severe excesses on the local Bengali population. The Report's findings accuse the Army of carrying out senseless and wanton arson, killings in the countryside, killing of intellectuals and professionals and burying them in mass graves, killing of Bengali Officers and soldiers on the pretence of quelling their rebellion, killing East Pakistani civilian officers, businessmen and industrialists, raping a large number of East Pakistani women as a deliberate act of revenge, retaliation and torture, and deliberate killing of members of the Hindu minority.
Having dealt with the claim of General Niazi that he had no legal option but to surrender, the Commission proceeded to consider whether it was necessary for General Niazi to surrender, and whether he was justified in surrendering at that particular juncture, for most of the messages that emanated from the General Head Quarters were studiously ambiguous and designed. Secondly, General Farman Ali had suggested to him that instead of ordering surrender en masse, he should leave it to each Divisional Commander to surrender or not, according to his own circumstances. It was pointed out in the Report, that despite the assurances given by the Chief of Staff of the Indian Army and the terms of surrender, the killing of loyal East Pakistani population, West Pakistani civilians, and civil armed forces by the Mukti Bahini started in full swing soon after Army's surrender.
It was maintained in the Report that the defeat suffered by the armed forces was not a result of military factors alone, but had been brought about as the cumulative result of political, international, moral and military factors. The political developments that took place between 1947 and 1971, including the effects of the two Martial Law periods, hastened the process of political and emotional isolation of East Pakistan from West Pakistan.
The dismemberment of Pakistan was also accelerated by the role played by the two major political parties, Awami League and the Pakistan Peoples Party, in bringing about a situation that resulted in postponement of the National Assembly session, scheduled to be held at Dhaka on the March 3, 1971. The events occurring between March 1 and 25, 1971, when the Awami League had seized power from the Government, resulting in the military action of March 25, 1971, were deplorable. The Commission also touched upon the negotiations, which General Yahya Khan was pretending to hold during this period with Sheikh Mujib-ur-Rahman on the one hand, and political leaders from West Pakistan on the other. Although he never formally declared these negotiations to have failed, yet he secretly left Dhaka on the evening of March 25, 1971, leaving instructions behind for military action to be initiated as soon his plane landed at Karachi.
The Commission declared that military action could not have been substitute for a political settlement, which was feasible once law and order had been restored within a matter of few weeks after the military action. No serious effort was made to start a political dialogue with the elected representatives of the people of East Pakistan. Instead fraudulent and useless measures were adopted. The use of excessive force during the military action had only served to alienate the sympathies of the people of East Pakistan. The arbitrary methods adopted by the Martial Law Administration in dealing with respectable citizens of East Pakistan and their sudden disappearances made the situation worse. The attitude of the Army authorities towards the Hindu minority also resulted in a large-scale exodus to India.
Although General Yahya Khan was not totally unaware of the avowed intention of India to dismember Pakistan, he didn't realize the need for early political settlement with the political leaders of East Pakistan. There was wastage of considerable time during which the Indians mounted their training program for the Mukti Bahini and freely started guerillas raids into the Pakistan territory. Pakistan Army was almost unable to prevent infiltration of Mukti Bahini and Indian agents all along the borders of East Pakistan. In the presence of these two factors, the Pakistan Army was obviously fighting a losing battle from the very start.
There had been a large exodus of people from East Pakistan to India, as a result of the military action. The results of Indian efforts to propagate this refugee problem on an international level cannot be undermined. The Indian propaganda was so forceful that all endeavors made by the military regime in Pakistan to defuse the situation proved to be futile and left the world unimpressed. The mutual assistance treaty signed between India and the U. S. S. R. in August 1971 further aggravated the situation.
No rational explanation was available as to why General Yahya did not take the dispute to the Security Council immediately after the Indian invasion of East Pakistan on November 21, 1971. Nor was it possible to explain his refusal to accept the first Russian resolution, if indeed the situation in East Pakistan had become so critical that surrender was inevitable. The Army High Command did not carry out any in-depth study of the effect of these new factors, nor did it pay any attention to the growing disparity in war preparedness and capability between the armed forces of Pakistan and India as a result of the Indo-Soviet Treaty of August 1971.
The traditional concept of defense adopted by the Pakistan Army that the defense of East Pakistan lays in West Pakistan was never implemented in a determined and effective manner. The concept remained valid, and if ever there was need to invoke this concept, it was on November 21, 1971, when Indian troops crossed the East Pakistan borders in naked aggression. Unfortunately, the delay in opening the Western front and the half-hearted and hesitant manner in which it was ultimately opened only helped in precipitating the catastrophe in East Pakistan. Besides, the detailed narrative of events, as given in the supplementary report, clearly shows that the planning was hopelessly defective. There was neither any plan at all for the defense of Dhaka, nor any concerted effort to stem the enemy onslaught with a Division or a Brigade battle at any stage. It was only when the General found himself gradually being surrounded by the enemy which had successfully reached Faridpur, Khulna, Daudkandi and Chandpur (the shortest route to Dhaka), that he began to make frantic efforts to get the troops back for the defense of Dhaka.
The Report maintained that there was no actual order to surrender. In view of the desperate picture painted by the Commander Eastern Command, higher authorities gave him permission to surrender if he, in his judgment, thought it necessary. General Niazi could have opted not to surrender if he thought that he had the capability of defending Dhaka. On his own estimate, he had 26,400 men to hold out for another two weeks. The enemy would have taken a week to build up its forces and another week to reduce the fortress of Dhaka. But evidence showed that he had already lost the will to fight after December 7, 1971, when his major fortresses at Jessore and Brahmanbari had fallen. Detailed accounts of witnesses given to the Commission indicate that Lt-General Niazi had suffered a complete moral collapse during the closing phases of the war.
It had been concluded that apart from the political, international and military factors, an important cause for defeat of the Pakistan Army was the lack of moral character and courage in the senior Army Commanders. The process of moral degeneration among the senior ranks of the armed forces was set in motion by their involvement in Martial Law duties in 1958. These tendencies were intensified when General Yahya Khan imposed Martial Law in the country once again in March 1969. A large number of senior army officers had not only indulged in large-scale acquisition of lands and houses and other commercial activities, but had also adopted highly immoral and lewd ways of life, which seriously affected their professional capabilities and their qualities of leadership. It appears that they had lost the will to fight and the ability to take vital and critical decisions required for the successful prosecution of the war. These remarks particularly applied to General Yahya Khan, his close associates, General Abdul Hamid Khan, Major General Khuda Dad Khan and Lt-General A. A. K. Niazi, apart from certain other officers. The Commission recommended that these grave allegations be dealt with seriously.
The surrender in East Pakistan had been a tragic blow to the nation and had caused, not only dismemberment of Pakistan, but also shattered the image of Pakistan Army as an efficient and excellent fighting force. In the end it was hoped in the Report that the Nation would learn the necessary lessons from these tragic events, and that effective and early action will be taken in the light of the conclusions reached.
The Hamood-ur-Rahman Commission Report is a valuable document. It was prepared with the explicit purpose of not repeating the various mistakes committed by the Army, General Yahya Khan and Z. A. Bhutto, which resulted in the separation of East Pakistan. Writings and memoirs disclose that apart from its inquiry into the 1971 crisis, it also makes thoughtful recommendations about the defense of the country as a whole.

The Simla Agreement [1972]

After the 1971 war, India held prisoner around 93,000 Pakistani troops and civilians. In Pakistan there was a growing demand to get these prisoners released with the result that a Summit Conference between Pakistani President, Zulfiqar Ali Bhutto and the Indian leader, Mrs. Gandhi, was held at Simla from June 28 to July 2, 1972. The two countries reached an agreement on July 2. The agreement contained the elements of an earlier Indian draft, but the wording was considerably modified. In particular the clause referring to the ceasefire line in Kashmir was rephrased as to make it acceptable to Pakistan.

The broad features of this pact included that the principle and purpose of the charter of United Nations would govern the relations between the two countries. The two countries resolved to settle their differences by peaceful means through bilateral negotiations. The foremost conditions for understanding, good neighborly relations, and stable and lasting peace were laid that no country would interfere with the other country's internal matters on the basis of mutual respect for peace, security, territorial sovereignty, mutual friendship and equality.

It was reiterated again in the agreement that efforts would be made to put an end, as far as possible, to all such disputes and differences that have been the cause of dissension between the two countries for the last 25 years. Both governments also agreed to take all steps within their power to prevent hostile propaganda directed against each other.

In order to progressively restore and normalize relations between the two countries, it was agreed that steps would be taken to resume communications, postal service, and promote and facilitate travel by sea, land and air. Trade and cooperation in economic and other agreed fields would also be resumed.

In order to initiate the process of durable peace, both the governments agreed that Indian and Pakistani forces would be withdrawn to their sides of the international border. The control line between Jammu and Kashmir would be the same as was on December 17, 1971. Both the countries would respect the international border and the withdrawal of the armies would be completed within 30 days of the implementation of the agreement.

Leaders of both the countries agreed at Simla to meet again at a mutually agreed time so that representatives of both the countries could discuss more arrangements for durable peace, including matters relating to prisoners of war, local prisoners, final settlement of Jammu and Kashmir dispute and diplomatic relations. As a consequence of the clauses pertaining to the withdrawal of forces, Indian troops withdrew from the 5,139 sq. miles of Pakistani territory in Punjab and Sindh it had occupied during the war. Similarly, Pakistani troops withdrew from 69 sq. miles of territory in Punjab and Rajasthan. In Kashmir, India retained 480 sq. miles and Pakistan 52 sq. miles.

Pakistan ratified the Simla Agreement on July 15 and India on August 3, after which the agreement came into effect on August 4, 1972.

The Constitution of 1973

The Bhutto Government's first achievement was the preparation of a Constitution for the country. The most prominent characteristic of this Constitution was that it accommodated proposals from the opposition parties and hence almost all the major political parties of the country accepted it. The National Assembly approved the 1973 Constitution on April 10, 1973, and it came into effect on August 14. Bhutto took over as the Prime Minister of Pakistan from this date and Fazal Ilahi Chaudhry was appointed as the President of Pakistan.
The Constitution of 1973 opens with a Preamble. This is the preliminary part of the Constitution in which broad features of the Constitution have been explained. The first Article of the Constitution declares Pakistan as a Federal Republic to be known as the Islamic Republic of Pakistan. Islam was declared as the State religion of Pakistan. Pakistan was to be a Federation of four federating Units, Punjab, Sindh, N. W. F. P. and Baluchistan.
The Constitution was parliamentary in nature. Article 41 of the Constitution lay down that the President was to be the Head of the State. The President was to be a Muslim above 45 years of age and was to be elected by a joint sitting of members of the Parliament for 5 years. He could be re-elected but could not hold office for more than two terms. The President was to act on the advice of the Prime Minister of Pakistan. The President could be removed on the grounds of physical or mental incapacity or impeached on charges of violating the Constitution or gross misconduct. The President was authorized to appoint the Attorney General, Judges of Supreme Court and High Courts, and the Chief Election Commissioners. In the Provincial Government, each province was to have a Governor appointed by the President. The appointment of Federal Ministers and Ministers of the State from amongst the members of the Parliament was at the Prime Minister's disposal.
The 1973 Constitution set up a bicameral legislature at the Center consisting of two Houses, the National Assembly and the Senate. The National Assembly consisted of 200 seats elected directly for duration of five years. The President on the advice of the Prime Minister could dissolve the National Assembly. The Senate was to consist of 63 members; each province was to elect 14 members. In the Provincial Government, each province will have a Governor appointed by the President. The Provincial Assembly for each province consisted of 240 seats for the Punjab, 100 seats for Sindh, 80 seats for N. W. F. P., and 40 seats for Baluchistan.
The 1973 Constitution provided a free and independent Judiciary. The Constitution guaranteed a right to the citizens; to be protected by law, and imposed two duties on them, loyalty to the Republic and obedience to the law. Any person who was found to abrogate or attempt or conspire to abrogate or subvert the Constitution was to be treated guilty of high treason. The Constitution conferred several kinds of fundamental rights to the people such as the right to life, liberty, equality and freedom of speech, trade and association. The Constitution also declared the laws inconsistent with or in derogatory to fundamental rights as null and void.
In light of the previous experience, the Constitution of 1973 was more Islamic in character than the previous ones. Emphasis was made to establish a real Islamic system in all aspects of social life. Keeping this objective in mind, more Islamic provisions were laid down in the Constitution of 1973. The Constitution recognized Islam as the religion of the country and enjoined upon the State to serve the cause of Islam and to bring all existing laws in conformity with Islam. The Islamic Advisory Council was set up to recommend ways and means to bring existing laws of the country in conformity with the Islamic principles.
The Constitution of 1973 remained in force for nearly four years. It was, however, suspended by General Muhammad Zia-ul-Haq, who imposed Martial Law in the country on July 5, 1979. However, General Muhammad Zia-ul-Haq who ran the country with Martial Law passed the Eighth Amendment in the Constitution in 1985. This Amendment empowered the President to dissolve the National Assembly under Article 58(2) b. This Article was later repealed by the Parliament during Nawaz Sharif's era through Thirteenth Amendment introduced on April 1, 1997. The Thirteenth Amendment was in turn repealed by the Legal Framework Order of 2002, which effectively restored the discretionary powers of the President enacted by the Eighth Amendment.

Zulfikar Ali Bhutto becomes Prime Minister [1973]

After the promulgation of the 1973 Constitution, the elections for the President, Prime Minister, Chairman of Senate, Speaker and Deputy Speaker of the National Assembly were to be undertaken. The 1973 Constitution had adopted a federal parliamentary system for the country in which the President was only a figurehead and the real power lay with the Prime Minister.
Z. A. Bhutto was sworn in as the Prime Minister of the country on August 14, 1973, after he had secured 108 votes in a house of 146 members. Fazal Ilahi Chaudhry was elected as the President under the new Constitution.
During his period, six amendments were carried out in the 1973 Constitution. The First Amendment led to Pakistan's recognition of Bangladesh. The Second Amendment in the constitution declared the Ahmadis as non-Muslims. The rights of the detained were limited under the Third Amendment while the powers and jurisdiction of the courts for providing relief to political opponents were curtailed under the Fourth Amendment. The Fifth Amendment passed on September 15, 1976, focused on curtailing the power and jurisdiction of the Judiciary. This amendment was highly criticized by lawyers and political leaders. The main provision of the Sixth Amendment extended the term of the Chief Justices of the Supreme Court and the High Courts beyond the age of retirement. This Amendment was made in the Constitution to favor the then Chief Justice of the Supreme Court who was supposed to be a friend of Bhutto.

The Bhutto Government carried out a number of reforms in the industrial sector. His reforms were twofold; nationalization, and the improvement of workers' rights. In the first phase, basic industries like steel, chemical and cement were nationalized. This was done in 1972. The next major step in nationalization took place on January 1, 1974, when Bhutto nationalized all banks. The last step in the series was the most shocking; it was the nationalization of all flour, rice and cotton mills throughout the country.
This nationalization process was not as successful as Bhutto expected. Most of the nationalized units were small businesses that could not be described as industrial units, hence making no sense for the step that was taken. Consequently, a considerable number of small businessmen and traders were ruined, displaced or rendered unemployed.
In the concluding analysis, nationalization caused colossal loss not only to the national treasury but also to the people of Pakistan. During his period as the Prime Minister, a number of land reforms were also introduced. The important land reforms included the reduction of land ceilings and introducing the security of tenancy to tenant farmers. The land ceiling was fixed to 150 acres of irrigated land and 300 acres of non-irrigated land. Another step that Bhutto took was to democratize Pakistan's Civil Service.

Fazal Ilahi becomes President [1973]

After the promulgation of the 1973 Constitution, Zulfiqar Ali Bhutto was sworn in as the Prime Minister of the country, and Fazal Ilahi Chaudhry became the President of Pakistan, on August 14, 1973, for a term of five years. Fazal Ilahi was a mere figurehead since all power and authority rested with the Prime Minister. He was allowed to continue as the President of Pakistan till 1978, although the army took over the reigns of power in July, 1977. He was relinquished from the office at his own request on September 16, 1978.
General Muhammad Zia-ul-Haq was sworn in as the next President of Pakistan, in addition to being the Chief Martial Law Administrator and the Chief of Army Staff.

General Elections 1977

According to the original schedule, the second general elections in the history of Pakistan, and the first after the dismemberment of the country, were to be held in the second half of 1977. However, on January 7, 1977, Bhutto announced that the elections would be held earlier. On January 10, Justice Sajjad Ahmad Jan, Chief Election Commissioner, announced the election schedule and declared January 19 and 22 as the last date for receipt of nominations for National Assembly and Provincial Assemblies, respectively. To many, the idea was not to give sufficient time to the opposition in order to make decisions and arrangements for the forthcoming elections. Election symbols were allocated to all the political parties. The total registered voters in the country were 30,899,052. Two hundred and fifty five Returning Officers were appointed for the National Assembly elections by the Election Commission.
Immediately after the announcement, Bhutto started his election campaign. The first step he took was the allocation of tickets to his party men. Unlike the 1970 elections, when Pakistan Peoples Party mainly banked on socialistic slogans, this time Bhutto also relied on political heavyweights. A number of feudal lords and other influential persons were allocated party tickets. Bhutto himself held public meetings all over the country, and to get further support from the common man, he announced labor reforms on January 4, and a second set of land reforms on January 5. The attendance in the public meetings was amazing in all parts of the country, especially in interior Sindh and Punjab. The opposition blamed Bhutto for using Government machinery in running his election campaign.
The biggest problem for Bhutto and his Pakistan Peoples Party was that nine important parties of the opposition had joined hands and formed an alliance, named as Pakistan National Alliance. P. N. A. decided to contest the elections under one election symbol "plough" and a green flag with nine stars as its ensign. Throughout their election campaign, instead of giving their own agenda, P. N. A. leadership mainly concentrated on echoing the alleged misdeeds of Bhutto's Government, corruption, mismanagement of national wealth, heavy expenditures on administration and disastrous economic policies evidenced by inflation. The P. N. A. leaders also exploited the deteriorating law and order situation and misuse of law enforcing agencies against the political opponents. They claimed that the fundamental rights had been curtailed during Bhutto's era.
P. N. A. managed to exploit anti-Bhutto sentiments among a huge section of masses and thus their election campaign received an unexpectedly positive response. Their claim, that their manifesto was Quran, also helped them in winning over a sizable number of voters from all over Pakistan. The attendance in P. N. A. public meetings and rallies was at times unexpected, even for the Alliance leadership itself.
Finally the elections were held on March 7 in which Pakistan Peoples Party managed to win 155 out of 200 seats in the National Assembly. The results of the elections astonished political pundits both inside and outside Pakistan. Pakistan National Alliance was only able to win 36 National Assembly seats. To add insult to injury, the Alliance could only win 8 out of 116 seats of the National Assembly from Punjab, and failed to win even a single seat from Lahore and Rawalpindi, cities in which they had organized big public gatherings and processions.
Pakistan National Alliance leaders protested that there had been a systematic rigging of election results to defeat them. At many places, particularly where the P. N. A. candidates were strong, the polling was alleged to have been blocked for hours. There were also reports that P. P. P. armed personnel in police uniform removed ballot boxes. Marked ballot papers were also found on the streets in Karachi and Lahore. Rumors quickly circulated that the results in key constituencies were issued directly from the Prime Minister's office. P. N. A. boycotted the provincial elections. P. P. P. resorted to bogus voting merely to prove that voters had come to cast their ballot. Overall P. P. P. gained 99 percent seats. The voting figures showing the success of the P. P. P. candidates often surpassed the actual number that turned up for voting.
At last Martial Law was imposed by Zia-ul-Haq who appointed a committee to inquire into the alleged rigging of the National Assembly polls. This committee was reported to have found a blueprint of the plan of rigging from the Prime Minister House. The inquiry committee alleged that Bhutto had prepared this plan as early as April 1976, under the title of "A Model Election Plan", later known as the "Larkana Plan". In an interview to Associated Press of Pakistan, Sajjad Ahmad Jan, the Chief Election Commissioner admitted that the failure of the electoral process was by and large due to the candidates of the ruling party, who exploited their position and party machinery and thus destroyed the sanctity of the ballot box.

Ouster of Zulfiqar Ali Bhutto

Ever since Zulfiqar Ali Bhutto took over the responsibilities of governance, there was a strong group in the country that was not ready to accept him. They considered him as one of the players who were involved in the dismemberment of Pakistan. This hatred was further enhanced by the authoritarian style of his governance. His policy of suppressing the opposition and interference in the affairs of the Provinces proved to be the major factor for the unity of the rightist and the leftist political parties against him. As early as March 1973, opposition parties in the National Assembly set a common platform, called United Democratic Front, to counter the anti-opposition steps of Bhutto's Government. However, the opposition emerged as a significant force against Bhutto at the macro level for the first time when elections were announced in January 1977. The opposition decided to join hands against Bhutto and contest the election from a common platform, the Pakistan National Alliance.
Formation of P. N. A. proved to be the beginning of the decline of Bhutto. During the elections, the Establishment showed its biased attitude towards P. N. A. which made the Alliance even more popular among the masses. Most of the public meetings of P. N. A., especially in the big cities like Karachi, Lahore and Rawalpindi, were immensely successful. Yet the result of March 7 elections astonished everyone as P. P. P. swept the polls and P. N. A. was only able to win 36 seats in the National Assembly. P. N. A. leadership did not accept the results and accused the Government of systematic rigging. P. N. A. Executive Council decided to boycott the Provincial Assemblies' polls and demanded for immediate resignation of Bhutto, replacement of the Chief Election Commissioner, and fresh election of National Assembly seats under the supervision of Judiciary and the Army.
When Bhutto refused to accept the demands of P. N. A., leadership of the Alliance decided to bring the people onto the streets, to break law deliberately, and to confront the police and the security forces. P. N. A. leaders called upon the people to stage countrywide strikes and organize protest marches. The followers fully responded to the call and a full-fledged political movement started. The business community wholeheartedly joined Alliance. P. N. A. used mosques to stimulate the masses and tried to create an impression that they were only working for the enforcement of Nizam-i-Mustafa. They criticized the socialistic attitude of Bhutto and alleged that he had lost his faith in Islam. The ulema whipped up emotions for a Jihad to save Islam, which they thought was in danger from an evil regime. The bar associations across the country also began to register their strong protest against the electoral fraud and denounced the post-election policy of repression.
Initially Bhutto put a deaf ear to the demands of P. N. A. and debunked opposition's charges that his landslide victory was a result of rigging. He used police and F. S. F. against Alliance's activities and its top leadership was arrested and put behind the bars. Martial Law was enforced in three main cities of Karachi, Lahore and Hyderabad. Curfew was imposed in the rest of the big cities of the country and Army was called to maintain law and order.
However, the intensity of the situation made Bhutto realize that it was not possible to suppress the movement by force. In the beginning of May, Bhutto changed his policy and started to explore the option of a dialog. Some P. N. A. leaders were released and brought to Sihala for negotiations in the first week of June. Bhutto showed his willingness to hold elections in November 1977, and offered five ministries to the P. N. A. candidates during the interim period. But P. N. A. team insisted on 50 percent representation in the Cabinet and demanded elections before August 14. Bhutto eventually accepted almost all the demands of P. N. A. and the stage was set for a compromise. Signing of the agreement was held in abeyance as he went abroad for a tour of Saudi Arabia, Libya, U. A. E., Kuwait and Iran. His tour was termed as dilatory tactics and again there seemed to be a deadlock.
It was in these conditions that Chief of the Army Staff, General Zia-ul-Haq, imposed Martial Law in the country on July 5, 1977, and sent Bhutto behind the bars. General Zia said, "Had an agreement reached between the opposition and the Government, I would certainly never have done what I did".

Martial Law under General Zia-ul-Haq [1977-1985]

Elections were held on March 7, 1977. The Pakistan Peoples Party won these elections, but was accused by their opponents, Pakistan National Alliance, of rigging the elections. On March 14, 1977, the Alliance started a series of nationwide protests. Talks between the Alliance and Bhutto government were held in June 1977 and an agreement was reached, but it could not be implemented.
Fresh elections were announced for October 15, 1977. But on July 5, 1977, the Chief of Army Staff, General Muhammad Zia-ul-Haq, imposed Martial Law and the elections were postponed. General Zia-ul-Haq announced holding of elections within 90 days.
A conference of political leaders was held in February 1978, but a year later, in 1979, General Zia-ul-Haq declared political parties to be defunct and certain political leaders were disqualified.
Under General Zia's Martial Law, there was steady economic growth favoring the private sector, and efforts were made to Islamize the political, legal and economic structures. Pakistan gained the status of Most Favored Nation from the United States following the Soviet invasion of Afghanistan in December 1979. Vast amounts of military equipment and aid were donated to Pakistan to help the four million Afghan refugees who crossed into Baluchistan and North West Frontier Province.
On February 6, 1981, Movement for Restoration of Democracy was established to return democracy to Pakistan. A provisional Constitution was enforced on March 23, 1981, as the Constitution of 1973 had been suspended with the imposition of Martial Law.
Finally, after the nomination of Muhammad Khan Junejo as Prime Minister of Pakistan on March 20, 1985, Junejo fulfilled his promise of lifting the Martial Law and the restoration of the fundamental rights, but at the price of enforcement of the Eighth Amendment and the validation of the Revival of the Constitutional Order.

Referendum 1984

General Zia wanted to establish a pseudo-democracy in Pakistan, with a continuation of him as President under a civilian setup. Zia took a number of steps in this direction; the first was the establishment of the Majlis-i-Shoora. The Majlis-i-Shoora was to take the place of the National Assembly, but was to be without any legislative powers. General Zia's second step was to ask the public to endorse his rule. This appeal was in the form of a referendum, which was so worded that a "Yes" meant that Zia himself would be further endorsed, even though the referendum did not refer to this directly. The Referendum Order 1984 put forward a complex question to the citizens, but in essence, seeking endorsement of the process of Islamization initiated by General Zia.

The question read as follows:
"Whether the people of Pakistan endorse the process initiated by General Muhammad Zia-ul-Haq, the President of Pakistan, for bringing the laws of Pakistan in conformity with the injunctions of Islam as laid down in the Holy Quran and Sunnah of the Holy Prophet (PBUH) and for the preservation of the Islamic ideology of Pakistan, for the continuation and consolidation of that process, and for the smooth and orderly transfer of power to the elected representatives of the people."
The question was, by all standards, a very complicated and complex one, particularly for the uneducated rural class. It was a loaded question that simply asked, "Do you wish Pakistan to be an Islamic state?" An affirmative vote in the referendum was to result in a five-year term for Zia as President of Pakistan.

The referendum was held on December 19, 1984. The Movement for the Restoration of Democracy boycotted the elections. The results of this referendum showed the people voted in favor of Zia, though the M. R. D. claimed that a very small percentage of people actually showed up to vote. Zia rejected this claim and declared that he had been given public support to continue as President of Pakistan for the next five years

As a result of the referendum, the Chief Martial Law Administrator General Muhammad Zia-ul-Haq became the President of Pakistan. After the referendum, General Zia announced that the elections for the National and Provincial Assemblies would be held in February 1985, on a non-party basis.

General Elections, February 1985

After the 1984 referendum, General Zia announced elections of the National and Provincial Assemblies in February 1985. The elections were to be held on a non-party basis, which was legalized through an amendment to the 1973 Constitution. Each candidate had to be supported by at least 50 people to be able to contest in the elections. In a nationwide speech on January 12, 1985, General Zia also announced various other conditions for the elections. Amendments were made in the Political Parties Act of 1962. These amendments affected all political parties. The opposition parties, M. R. D., boycotted the elections, as their demands for party-based elections and restoration of the 1973 Constitution were not met.
The elections for the National and Provincial Assemblies were held in 1985 on February 25 and 28, respectively. The successful boycott of the 1984 referendum caused the M. R. D. to miscalculate their next step. Being confident of public opinion, they boycotted these elections as well. Contrary to expectations, the voters turned to the polls in large numbers. Surprisingly, many political leaders, including former Members of National and Provincial Assemblies, and Advisors, who had seemed popular in their appeals, could not win from their constituencies. The people elected many new faces. The M. R. D. soon realized that it had miscalculated badly, that it should have fought the elections on Zia's terms. An alternative leadership was in place with many of the old political leaders routed out.
The general elections to the National and Provincial Assemblies were held peacefully and with a large participation of the people. Total voter turnout for the National Assembly was 53.69 percent. In the Provincial Assemblies elections, where the constituencies were smaller and the contest harder, the turnout of the voters was even better. It was 57.37 percent nationwide. The newly elected National Assembly was to replace the Majlis-i-Shoora and was to have legislative powers as well. Muhammad Khan Junejo was appointed as the Prime Minister and he formed the government. It was this newly elected Assembly that set the tone for later years by incorporating the controversial Eighth Amendment in the Constitution of Pakistan.

Islamization Under General Zia-ul-Haq

When General Zia-ul-Haq took over as the Chief Martial Law Administrator on July 5, 1977, Islamization was given a new boost. General Zia-ul-Haq was a practicing Muslim who raised the slogan of Islam. The Islamic sentiment has always been fully alive in Pakistan. Various governments have used this to their benefit. There are people who doubt Zia's reasons for raising the Islamic slogan; whether it was for political purposes to counter balance Bhutto's appeal or was it to enforce Islam in its true sense.
In his first address to the nation, he declared that Islamic laws would be enforced and that earnest attention would be devoted towards establishing the Islamic society for which Pakistan had been created. General Zia wanted to bring the legal, social, economic and political institutions of the country in conformity with the Islamic principles, values and traditions in the light of Quran and Sunnah, to enable the people of Pakistan to lead their lives in accordance to Islam.
The Government of Zia-ul-Haq took a number of steps to eradicate non-Islamic practices from the country. He introduced the Zakat, Ushr, Islamic Hadood and Penal Code in the country. The Government invited eminent scholars to compile laws about Islamic financing. The Zakat and Ushr Ordinance to Islamize the economic system was promulgated on June 20, 1980. It covered only Islamic organizations, associations and institutions. Zakat was to be deducted from bank accounts of Muslims at the rate of 2.5 percent annually above the balance of Rupees 3,000. Ushr was levied on the yield of agricultural land in cash or kind at the rate of 10 percent of the agricultural yield, annually.
The Government appointed Central, Provincial, District and Tehsil Zakat Committees to distribute Zakat funds to the needy, poor, orphans and widows. Shias were exempted from Zakat deduction from their accounts due to their own religious beliefs. The Zakat was to be deducted by banks on the first day of Ramazan.
A Federal Shariah Court was established to decide cases according to the teachings of the Holy Quran and Sunnah. Appeals against the Lower and High Courts were to be presented before the Shariah Court for hearing. Blasphemy of the Holy Prophet (S. A. W.) would now be punishable by death instead of life imprisonment.
Zia-ul-Haq selected his Majlis-i-Shoora in 1980. It was to be the Islamic Parliament and act as the Parliament of Pakistan in place of the National Assembly. Most of the members of the Shoora were intellectuals, scholars, ulema, journalists, economists and professionals belonging to different fields of life. The Shoora was to act as a board of advisors for the President.
A number of other Islamization programs were carried out including the teaching of Islamic Studies and Arabic, which were made compulsory. Pakistan Studies and Islamic Studies were made compulsorily for B. A., B. Sc., Engineering, M. B. B. S., Commerce, Law and Nursing students. For professional studies, extra marks were given to people who were Hafiz-e-Quran. The first Ombudsman was appointed to rectify the misadministration of the Federal Government, officials and agencies.
A Shariah Council consisting of ulema was established to look into the constitutional and legal matters of the State in order to bring them in line with Islamic thought. Since Islam does not allow interest, On January 1, 1980, Muhammad Zia-ul-Haq introduced a "Profit and Loss Sharing System" according to which an account holder was to share the loss and profit of the bank. The media was also targeted. Television especially was brought under the Islamization campaign, news in Arabic were to be read on both television and radio, female anchor persons were required to cover their heads, the Azan was relayed regularly on radio and television to announce time for prayers.
In the armed forces, the status of the religious teachers was raised to that of a Commissioned Officer. This was done to attract highly qualified individuals from the universities and religious institution to serve on such assignments.
As the government grew further in its Islamic leanings, the numbers of mosques were increased. Ordinance for the sanctity of Ramazan was introduced to pay reverence to the holy month of Ramazan. The Ordinance forbade public drinking and eating during the holy month of Ramazan. A three months imprisonment and a fine of Rupees 500 were imposed for violating the Ordinance. A program to ensure the regularity of prayers called the Nizam-i-Salaat was launched by General Zia himself.
Zia's Government introduced the Hadood Ordinance for the first time in Pakistan, which meant the punishments ordained by the Holy Quran or Sunnah on the use of liquor, theft, adultery and qazf. Under this Ordinance, a culprit could be sentenced to lashing, life imprisonment and in some cases, death by stoning.
The Islamic laws of Zia also included laws for women. Zia put forward the theory of "Chadar Aur Chaar Devari" and this was to be applied to women. Thus, for the first time, a woman could be flogged for adultery. If a rape was reported, four witnesses were to be provided otherwise, legally, the rape could be termed adultery. Another law, The Law of Evidence, under the Shariah laws proposed that the testimony of a woman was not equal to that of a man. In legal matters, two women would have to stand witness against the testimony of one man. The status of women was thus arbitrarily cut in half by Zia. There was little consensus amongst Muslim authorities over this law. The lack of consensus among the re1igious authorities combined with countrywide protests forced Zia to hold back on making the Shariah law the law of the country.
General Zia-ul-Haq wanted to make Pakistan the citadel of Islam so that it could play an honorable and prominent role for the Islamic world. The steps taken by General Zia were in this direction and had a long-term impact; the Zakat tax introduced by General Zia still holds and so does many of his the other laws.

The Afghan War Settlement

In 1979, Russian forces invaded Afghanistan. Communism came to the threshold of Pakistan when forces led by Babrak Karmel overthrew the Government of Afghanistan. Some 120,000 Russian troops entered Afghanistan .The Afghan people organized a resistance force against this blatant aggression. The Soviet forces suffered greatly in terms of manpower and material, and the Afghan War proved expensive even for a world power like the Soviet Union.
It has always been said about Afghanistan that it can be invaded and occupied easily but it is very difficult to hold and control it. Afghans have a history of resisting foreign invaders. The British imperial power failed in all three attempts to occupy and control Afghanistan. The Soviets were to learn the same lesson. In the beginning, the Soviet army was successful in occupying and controlling Afghanistan.
General Zia stood against the spread of communism. He reiterated his solution to the Afghanistan crisis in 1983 in New Delhi. He said that Pakistan has given political asylum to millions of Afghans. He demanded the expulsion of Russian forces from Afghanistan. America responded to the call of Pakistan and flooded Pakistan with monetary help to finance the anti-communist regime in Afghanistan and to equip the freedom fighters. The freedom fighters, the mujahideen, put forward a strong resistance to the Russian invasion. Although the Afghans suffered enormous causalities in the beginning of the war but the turning point in the war came when the U. S. supplied them with surface-to-air Stinger missiles.
General Zia's gamble in resisting the Russian invasion in Afghanistan paid him huge dividends. On the domestic front his policy of Islamization became more relevant as it was seen that in the neighboring Afghanistan, Islam was in danger. As Pakistan was a frontline state, huge amounts of money, military equipment and aid arrived in Pakistan. The huge amounts of aid that poured in propped up Zia's government. With the Afghan problem, a new phase of modernization of the military began. The arms provided to Afghanistan freedom fighters were also provided to the Pakistan Army. As a result the Pakistan Army became better equipped.
Other than the problems faced due to the Afghan War efforts, the Soviet Empire was breaking apart at the seams. This led the Soviets to seek peace in Afghanistan. Negotiations on Afghanistan were carried out under Zia's Government, and the Geneva Accord was signed on April 14, 1988, under which the Soviet Union agreed to withdraw its forces in two installments .The Soviet Government lived up to its commitment of withdrawal of forces according to the agreed timetable.
The victory in Afghanistan was achieved at a great cost to Pakistan. It had to look after and feed more than three million Afghan refugees that had crossed over to Pakistan. The refugees were a great economic burden on Pakistan. Not only this but, they also caused the problem of drugs and gunrunning in the country.
Long after the Soviet forces had left Afghanistan, fighting continued between the various factions of the mujahideen. With the emergence of the Taliban, Pakistan found itself an ally in Afghanistan that enforced peace and virtually eliminated the drug cultivation. After the September 11 tragedy of 2001, world attention again focused on Afghanistan as they considered it as training grounds of terrorists responsible for the tragedy. The Talibans were removed by power and a U. S. led coalition installed an interim government in Afghanistan, which till today keeps a fragile peace in the country. Meanwhile Pakistan continues to suffer numerous problems from the legacy of the Afghan War such as refugees, drugs, guns, crime, and terrorism.

Muhammad Khan Junejo Becomes Prime Minister [1985-88]

After the Presidential referendum of December 1984, elections for the National and Provincial Assemblies were held in February 1985 on a non-party basis. President Zia-ul-Haq nominated Muhammad Khan Junejo as the Prime Minister of Pakistan on March 20, 1985.
On being nominated, Muhammad Khan Junejo promised the nation that he would lift the Martial Law and restore a civilian government as soon as possible. Junejo's position was weak and vulnerable under the constitutional amendments made by Zia, which made the position of the President paramount and that of the Prime Minister subordinate. Despite his weak position, Junejo, after being sworn in as the Prime Minister, carried out his promise of lifting the Martial Law and the restoration of fundamental rights, but at the price of the Eight Amendment and validating the Revival of the Constitutional Order.
Muhammad Khan Junejo introduced a five-point program in December 1985. The program was multidimensional in nature. The main objectives were to induct a new and progressive civilian order, establish institutions of social justice, introduce an egalitarian economy, increase employment opportunities, strike hard at corruption and other social evils, liberate at least 50 percent of the people from illiteracy, and to start socio-economic development of the country.
After the lifting of Martial Law, Junejo tried to take a course independent of Zia. He annoyed military generals by withdrawing big staff cars from them and replacing them with small cars. He tried to conduct an independent foreign policy, particularly on Afghanistan, by taking into confidence and consulting leaders of political parties, including Benazir Bhutto, the leader of the Pakistan Peoples Party. His government even tried to probe into the military fiasco at the Ojheri Camp near Islamabad on April 10, 1988, which resulted in the death and serious injuries to a large number of civilians. This probe perhaps became the immediate cause for the dismissal of his government.
Junejo's regime met its sudden and unexpected end while he was returning from a visit to South Korea on May 29, 1988. General Zia dismissed Junejo's Government using the controversial rule under Article 58(2) b of the Constitution. According to General Zia, Junejo's Government had been dismissed because the law and order situation had broken down to an alarming extent and the government could not be run in accordance with the Constitution. Not only were the Junejo Government dismissed, but also were the Federal and Provincial Assemblies and the Provincial Cabinets and their Chief Ministers. General Zia installed a new caretaker government in the Center and Provinces. Fresh elections were promised after 90 days but were eventually held on November 16, 1988, three months after Zia's death in a plane crash.
Although Junejo had no claim to power on his own, as Zia had appointed him Prime Minister, but his performance was commendable. With limited options, he did what was possible for him. He restored the fundamental rights of citizens under the Constitution that had been denied to them for a very long time. He tried to put the country on the course of development and some progress was made, particularly in the area of construction of roads in rural areas and the electrification of villages. He was honest, polite and had a low-key political personality, traits which are not easy to find in political leaders of today.

Historic 8th Amendment is passed [1985]

The 1973 Constitution of Pakistan envisaged a Parliamentary System of government, with the balance of power tilted towards the Prime Minister. The President could not exercise his powers without the concurrence of the Prime Minister. The Eight Constitutional Amendment, however, altered the form of the Constitution drastically. Passed by the Senate on November 14, 1985, the Eight Amendment affected almost 19 clauses of the Constitution and brought the office of the President of Pakistan almost at par with that of the Prime Minister.
The President was given the right to nominate the Prime Minister, Governors of the provinces, and Judges of the High Court and Supreme Court, including the Chief Justice. Democratically elected Prime Minister thus became subservient to the President.
Though the President was to act on the advice of the Prime Minister, he had the power to be informed about the decisions relating to the administrative affairs of the federation and proposals of legislation. The President could ask the Prime Minister to get a vote of confidence from the Assembly, issue ordinances, set dates for the elections for the National Assembly and appoint caretaker government. The President had the power of appointing service chiefs and other important federal officers. He could also call a referendum on an issue of great national importance.
However, the most controversial power awarded to the office of the President was under the Article 58(2) b, which was the power of dissolution of the National Assembly at his own discretion.
According to the proponents of this clause, post-constitutional deadlocks in the country had shown the necessity to vest authority in the President so that in case of a political crisis, the Assembly could be dissolved and new elections could be held and Martial Law could be avoided. The Article 58(2) b changed the entire complexion of the Constitution. The Constitution was transformed from a Parliamentary System into a Presidential one. This Amendment was like the proverbial Sword of Damocles for the successive governments. After the passing of Article 58(2) b, the National Assemblies were dissolved on four occasions using its powers. The dissolution of the Assembly by President Zia-ul-Haq in 1988, President Ghulam Ishaq Khan in 1990 and in 1993, and President Farooq Leghari in 1996 are subject to a lot of speculation.
Other clauses amended by the Eight Amendment dealt with the office of the Prime Minister, Senate, and Governors. Article 51 increased the number of the National Assembly seats from 200 to 207. The number of the Senate seats was increased from 63 to 87 under Article 59. The Eight Amendment also indemnified the entire President's Orders, Ordinances, Martial Law Regulations and Martial Law Orders, including the Referendum Orders made between July 5, 1977, and September 13, 1985.
The Eighth Amendment is considered as a landmark in the constitutional history of Pakistan. It not only altered the very form of the Constitution from purely Parliamentary to semi-Presidential, but also changed the constitutional and political history of the country.

Death of General Zia-ul-Haq [1988]

General Muhammad Zia-ul-Haq was killed in an air crash on August 17, 1988. He had gone to Bhawalpur to see a demonstration of tanks where he was accompanied by a number of Generals, including the Chairman Joint Chiefs of Staff Committee, Chief of General Staff, high-ranking Military Attaches, as well as the U. S. Ambassador to Pakistan. On his return journey, his military transport aircraft, a C-130, exploded in mid-air a few minutes after takeoff from Bhawalpur airport, killing all passengers aboard including the President.

This tragic air disaster was the worst in Pakistan's history and was unprecedented in the history of military aircraft. The cause of the crash was not known and the enquiry report was never made public.

General Zia's remains were buried on the grounds of Faisal Mosque in Islamabad. With the death of General Zia, the 11-year military rule came to an end. The country now was set forth on the road to democracy. This transition from dictatorship to democracy took place constitutionally.

After the crash, a high level meeting was held in Islamabad to decide the question of succession. Some of the participants in the meeting were in favor of imposition of Martial Law. However the military Chief present did not support the idea. Under the Constitution, whenever the office of President becomes vacant by reason of death or resignation, or removal of the President, the Chairman of Senate acts as the President until a new President is elected. As a result Ghulam Ishaq Khan, Chairman of the Senate, became the next acting President of Pakistan.

Benazir Bhutto Becomes Prime Minister [1988]

In the 1988 elections, Pakistan Peoples Party won 94 seats in the National Assembly without forming any alliance. With the cooperation of 8 M. Q. M. members and 13 members of the Federally Administered tribal Area, the P. P. P. showed a clear majority. Benazir Bhutto, daughter of Zulfiqar Ali Bhutto, was sworn in as the Prime Minister, the first woman to govern an Islamic State.

Soon after taking oath, Prime Minister Benazir Bhutto announced that the ban on Student Unions and Trade Unions would be lifted. The P. P. P. Government hosted the fourth S. A. A. R. C. Summit Conference in December 1988. As a result of the Conference, Pakistan and India finalized three peace agreements.
But soon, Benazir's Government started facing problems on the political front. A. N. P. deserted the Pakistan People Party and on November 1, 1989, a no-confidence motion was moved against the Prime Minister by the opposition. Benazir was barely able to pull through with 12 votes to her advantage. M. Q. M., which had formed an alliance with the P. P. P. also broke away and started creating trouble in Sindh.
Serious conceptual differences arose between the P. P. P. Government and the Establishment. Less than two years later, on August 6, 1990, her Government was accused of corruption and dismissed by the President, Ghulam Ishaq Khan, who exercised his power through the controversial Eighth Amendment of the Constitution.

Ghulam Ishaq Khan becomes President [1988-93]

In 1988, President Zia-ul-Haq dissolved the Junejo Government and announced that fresh elections would be held in November 1988. But on August 17, 1988, he was killed in a C-130 plane crash in Bhawalpur, along with five senior Generals and the American Ambassador. The cause of the crash has never been ascertained and still remains a riddle.
After the death of General Zia, Ghulam Ishaq Khan, Chairman of the Senate, took over as acting President. Elections for the National and Provincial Assemblies were held on November 16 and 19, 1988, respectively. The Revival of the Constitutional Order had amended the Constitution, which empowered the President to appoint, at his discretion, any member of the National Assembly as Prime Minister. Ghulam Ishaq Khan appointed Benazir Bhutto as Prime Minister of Pakistan on the condition that she would offer full support to him in the forthcoming presidential elections.
According to the deal between Ghulam Ishaq Khan and Benazir Bhutto, Pakistan Peoples Party voted for Ghulam Ishaq Khan. Ghulam Ishaq Khan was also the consensus candidate of Islami Jamuhri Ittehad. Four candidates took part in the elections, with Ghulam Ishaq Khan winning and securing the highest 608 votes. Constitutional Amendments made by the R. C. O. and the Eighth Amendment, that had given the President a great deal of power, inevitably led the President and the Prime Minister into conflict. The conflict between the President and the Prime Minister arose in two areas; the appointment of the Military Chiefs and the Superior Court Judges.
The conflict between the President and the Prime Minister had its drop scene on August 6, 1990, when the President dissolved the National Assembly and Benazir Bhutto was dismissed from power. The dissolution of the National Assembly was soon followed by the dissolution of the Provincial Assemblies. Fresh elections were scheduled on October 24, 1990. President Ghulam Ishaq Khan appointed Ghulam Mustafa Jatoi as the caretaker Prime Minister.
Elections for the National and Provincial Assemblies were held on October 24 and 27, 1990, respectively. Mian Muhammad Nawaz Sharif was elected as Prime Minister on November 1, 1990. Nawaz Sharif's Government remained in power till April 19, 1993. President Ghulam Ishaq Khan again dissolved the National Assembly, exercising his power once again through the Eighth Amendment, and appointed Mir Balakh Sher Khan Mazari as the caretaker Prime Minister. General Elections were scheduled to be held on July 14, 1993, but were canceled when the Supreme Court quashed the Presidential Order and reinstated Nawaz Sharif as the Prime Minister.
Differences between Nawaz Sharif and Ghulam Ishaq Khan arose once again. This time they deepened to such an extent that they led to the resignation of both President Ghulam Ishaq Khan and Prime Minister Nawaz Sharif on July 18, 1993. The National and Provincial Assemblies were also dissolved. Moin Qureshi was appointed as the caretaker Prime Minister, and Ghulam Ishaq Khan was appointed the caretaker President. Fresh elections for the National and Provincial Assemblies were held. Benazir Bhutto returned to power for the second time and Farooq Ahmad Khan Leghari was elected as the new President of Pakistan.
This brought to an end the presidency of Ghulam Ishaq Khan, which brought about the dismissal of two elected governments. It followed the unhealthy tradition of removing elected governments through the use of the controversial Eighth Amendment. The next President followed the same tradition and created continuous instability in the country.

Ghulam Mustafa Jatoi becomes caretaker Prime Minister [1990]

As a result of the changes made in the Constitution by the R. C. O. and the Eighth Amendment, the President had the power to appoint a caretaker Prime Minister and a caretaker Cabinet at the Federal as well at Provincial level. Using these powers, President Ghulam Ishaq Khan dissolved the National and Provincial Assemblies on August 6, 1990, and declared a state of emergency in the country. Elections were scheduled to be held on October 24, 1990.
Ghulam Ishaq Khan did not appoint a neutral or non-partisan caretaker Cabinet or Prime Minister. He chose the leader of the opposition in the former National Assembly, Ghulam Mustafa Jatoi, as the new caretaker Prime Minister of Pakistan.

Nawaz Sharif Becomes Prime Minister [1990]

After the ouster of Benazir's Government, elections for the National and Provincial Assemblies were held on October 24 and 27, 1990. Mian Muhammad Nawaz Sharif, the ex-Chief Minister of Punjab, was elected as the Prime Minister on November 1, 1990.

During his tenure as the Prime Minister, Nawaz Sharif made efforts to strengthen the industrial sector with the help of the private sector. Projects like Ghazi Brotha and the Gawadar miniport were initiated. Land was distributed among landless peasants in Sindh. A massive uplift of Murree and Kahuta was done during his term as Chief Minister of Punjab. Relations with the Central Asian Muslim republics were strengthened and E. C. O. was given a boost.

In an attempt to end the Afghan crisis, the "Islamabad Accord" was reached between various Afghan factions. His most important contribution was economic progress despite U. S. sanctions on Pakistan through the Pressler Amendment on sanctions. The stupendous Motorway project was initiated that was completed during his second tenure.
Nawaz Sharif's Government remained in power till April 18 1993, when President Ghulam Ishaq Khan dissolved the National Assembly, once again exercising his power through the Eighth Amendment.

Balakh Sher Mazari Becomes Caretaker Prime Minister [1993]

President Ghulam Ishaq Khan dissolved the National and Provincial Assemblies on April 19, 1993, and appointed Mir Balakh Sher Khan Mazari as the Caretaker Prime Minister. General Elections were scheduled to be held on July 14, 1993.
Balakh Sher Mazari's tenure as Caretaker Prime Minister ended on May 26, 1993, when the Supreme Court revoked the Presidential Order and reinstated Nawaz Sharif as the Prime Minister.

Moin Qureshi Becomes Caretaker Prime Minister [1993]

On May 26, 1993, the Supreme Court of Pakistan declared the Presidential Order of the Assemblies' dissolution as unconstitutional and ruled for restoring the Nawaz Government and the National Assembly. However, because of the serious differences between the President Ghulam Ishaq Khan and the Prime Minister Mian Muhammad Nawaz Sharif, both resigned from their offices on July 18, 1993, along with the dissolution of the Central and Provincial Assemblies.
Moin Qureshi, a top World Bank official, was appointed as the Caretaker Prime Minister and Ghulam Ishaq Khan was appointed as the caretaker President. At the time of his appointment, Moin Qureshi was totally unknown in Pakistan; it was, however, felt that as he was a political outsider, he would remain neutral.
Despite the fact the Moin Qureshi was new to the economic and political environment of Pakistan, he made his presence felt during his short tenure of 90 days. During this time he undertook numerous steps, which were appreciated by the general public. One of the steps included his effort to expose the misdeeds of the previous governments by publishing the lists of defaulters of bank loans and taxpayers. These lists exposed a number of affluent persons who were involved in abusing the banking system and dodging the tax collectors. Moin Qureshi made the State Bank of Pakistan an autonomous body with an effort to keep out political interference in the working of the bank. He took numerous other steps including the imposition of a nominal tax on agriculture, making Pakistan Television and Radio Pakistan autonomous, downsizing of the administrative machinery and abolishing the discretionary power of the Prime Minster and the Chief Ministers of allotting residential plots to their favorites. It goes to his credit that he undertook various endeavors in a short period of time and made a serious effort to recover Government dues.
The only blot on Moin Qureshi's tenure as Prime Minister was that, in his last days, he made a large number of promotions and other administrative decisions in favor of his relatives.

Benazir Bhutto becomes Prime Minister [1993]

Benazir Bhutto returned to power for the second time in 1993 after the resignation of both President Ghulam Ishaq Khan and Prime Minister Nawaz Sharif on July 18, 1993. The resignation led to the announcement of fresh elections for the National and Provincial Assemblies. The elections were held on October 6 and 9, 1993, respectively.
The elections were boycotted by the M. Q. M. No party emerged with an absolute majority in the elections. As a result the P. P. P. formed the new government with the help of alliances. Benazir Bhutto took oath as Prime Minister on October 19, 1993. The Presidential election was held on November 13. Farooq Ahmad Khan Leghari, the P. P. P. candidate, won by 274 to 168 votes against the then acting President Wasim Sajjad.
During her second tenure, Benazir again faced trouble from the opposition. In the autumn of 1994, Nawaz Sharif led a "train march" from Karachi to Peshawar. This was followed by general strike on September 20. Two weeks later Nawaz Sharif called a "wheel jam" strike on October 11.
The second tenure of Benazir Bhutto was, however, highlighted by the visit of the U. S. first Lady Hillary Clinton and her daughter Chelsea in 1995. Hillary's visit considerably changed the world's perceptions about Pakistan and highlighted Pakistan as a liberal, modern and forward-looking country. In April 1994, Benazir visited the U. S., and projected Pakistan's stance on the F-16 fighter planes withheld by the U. S. despite payments. Her visit resulted in the passing of the Brown Amendment by the U. S. Senate on September 21, 1995, easing restrictions on Pakistan. It also helped in attracting foreign investors. On the domestic front she continued facing problems with M. Q. M. In spite of all her political endeavors, a smooth relationship could not be established between the Government and M. Q. M.
Benazir Bhutto's brother, Mir Murtaza Bhutto, was assassinated under mysterious circumstances in a police ambush on September 20, 1996. The high-profile killing of her brother in her tenure damaged her political career.
Things were not going well between the President and Benazir's Government. Differences soon appeared and the Government felt that there was interference in the political matters of the Government by the President. President Farooq Leghari dismissed Benazir Bhutto's Government on charges of corruption and mismanagement on November 5, 1996, under the Article 58(2) b of the Eighth Amendment.

Sardar Farooq Legahri Becomes President [1993]

As a result of the general elections in 1993, P. P. P. came to power by forming an alliance with P. M. L. (J), some independent members and some small parties. After the formation of the Governments at the Center and in the provinces, the next step was the election of the President. Initially, a number of candidates filed their nomination papers. However, as election day approached, there were only two candidates left in the field. These were the acting President Wasim Sajjad, a nominee of the P. M. L. (N), and Sardar Farooq Leghari, a nominee of the P. P. P. As a result of voting, Leghari got 274 votes in his favor against 168 votes for Wasim Sajjad. On November 13, 1993, Sardar Farooq Leghari was appointed as the President of Pakistan for a term of five years.
Leghari began his term with a clean reputation, but this was soon to change with the Mehran Bank scandal and inappropriate appointments in the judiciary. In his first speech, Leghari had said that the Eighth Amendment would be removed but during the term of Benazir, no bill was ever presented to do away with this Article of the Constitution.
Differences emerged between Benazir and Leghari, which eventually resulted in the President using the Eighth Amendment for the dissolution of the National Assembly, and the dismissal of Benazir. When Mian Nawaz Sharif was re-elected as the Prime Minister, differences arose between them. He supported the Chief Justice of Pakistan, Sajjad Ali Shah, who had also developed serious differences with the Nawaz Sharif Government. But Leghari could not overcome the heavy mandate that was bestowed upon Mian Nawaz Sharif by the public, with the result that he had to resign on December 2, 1997. Farooq Leghari's resignation brought to an end the tragic drama of conflict and conspiracy between the Judiciary, the Executive, and the Legislature. His resignation cut short his term as the President for five years by nearly one year.

Malik Meraj Khalid Becomes Caretaker Prime Minister [1996]

President Sardar Farooq Leghari, exercising his powers through the Eighth Amendment, dismissed Benazir Bhutto's Government in November 1996, on charges of corruption and extra-judicial killings. After Benazir, Malik Meraj Khalid, Rector of the International Islamic University, was appointed as caretaker Prime Minister. The next elections were scheduled to be held on February 3, 1997.
Malik Meraj Khalid held the office of Prime Minister from November 5, 1996, to February 17, 1997.

Nawaz Sharif becomes Prime Minister [1997]

As scheduled, elections were held on February 3, 1997. Pakistan Muslim League won with an overwhelming majority with absolutely light and slight opposition. The Muslim League was able to obtain a two-third majority in the National Assembly and Mian Nawaz Sharif was re-elected as Prime Minister. He obtained a vote of confidence from the National Assembly on February 18, 1997.
A number of very important Constitutional Amendments were introduced during Nawaz Sharif's second term. These include the termination of the Eighth Amendment, passing of the Thirteenth Amendment and the Ehtesab Act, 1997. Nawaz Sharif faced a serious confrontation with the Judiciary and the Executive, which eventually led to the resignation of President Leghari on December 2, 1997.
It was during this term that Pakistan carried out its nuclear tests on May 28, 1998, in response to the Indian detonation of its five nuclear devices. The Nawaz Government had found it imperative for Pakistan to carry out these nuclear tests, in order to provide an effective defense, and to deter Indian adventurism.
The Nawaz Government proclaimed an emergency on May 28, 1998; the day these nuclear tests were conducted. All fundamental rights were suspended and all the foreign currency accounts in Pakistani banks were frozen. On August 28, 1998, Nawaz regime introduced the Fifteenth Amendment. The Bill generated heated debate throughout the country but was passed on October 9, 1998, by the members of the National Assembly. The Bill, however, was not put before the Senate within 90 days as was required by the Constitution. The Bill was held back, as Nawaz Sharif did not had the required two-third majority in the Senate.
The Fifteenth Amendment was presumed to be an effort by Nawaz Sharif to acquire additional powers for himself. Soon a serious conflict and confrontation emerged on the scene between him and the Military Generals. This confrontation led to the resignation of General Jehangir Karamat on October 7, 1998. General Karamat was replaced by General Pervez Musharraf.
The Kargil Operation in its aftermath again led to tense relations between Nawaz Sharif and the armed forces. This tension culminated into the removal of Nawaz Government by General Pervez Musharraf on October 12, 1999, thus bringing to an end the second term of Nawaz Sharif's Government.

Thirteenth Amendment is Passed [1997]

The National Assembly unanimously adopted the Constitution Bill, the Thirteenth Amendment, in April 1997 by a two-third majority. The Thirteenth Amendment was put before the National Assembly on April 1, empowering the Prime Minister to repeal 58(2) b, and advise the President on the appointments of three forces' chiefs, the J. C. S. C. Chairman and the Governors. Thus the discretionary power to appoint the chiefs of the armed forces was taken away from the President. In the proposed Amendment Bill, clauses to restore the women parliamentarian seats and to convert the Ordinance into an act of the Parliament were also incorporated. The power of the Governor to dissolve the Provincial Assemblies under Article 112(2) b was also done away with.
Through the Thirteenth Amendment the controversial Eighth Amendment was repealed and thereby the President was divested of many discretionary power in order to restore the supremacy of the Parliament.
The infamous Eight Amendment had been inserted in the Constitution in 1985, by the non-party based Parliament, when General Zia-ul-Haq was the Chief Martial Law Administrator and President of Pakistan. Its most notorious and troublesome provision, 58(2) b, had empowered the President to sack the Prime Minister and his Cabinet and dissolve the National Assembly. The provision had since been used by three successive Presidents since 1985, and four Prime Ministers, along with their Cabinets and the National Assemblies, had been dismissed.
Having announced the Thirteenth Amendment, Nawaz Sharif said that it had been introduced to revive the democratic concept, as envisaged by the Quaid-i-Azam and Allama Iqbal.
Although it seemed that a complicated and sensitive constitutional issue was solved in an amicable way through consensus, and it was anticipated that through the Thirteenth Amendment a new era of democratic freedom and political stability would start, all the hopes dashed to the ground when once again the democratic process was demolished all of a sudden. A military coup not only sacked Nawaz Sharif and his Cabinet, but also dissolved the National Assembly and the Provincial Assemblies.

Fourteenth Amendment is passed [1997]

Throughout Pakistan's political history, horse-trading and defection within various parties had created problems for various governments. On coming to power, Nawaz Sharif's Government took steps to do away with this ever-flourishing problem. It was under the Nawaz Government that the National Assembly unanimously adopted the Constitution Bill, the Fourteenth Amendment, on July 1, 1997.
The Anti-Defection Bill, earlier passed by the Senate and later by the National Assembly with a large majority, was a structural reform to end the practice of switching party loyalties and blackmailing party leadership for ministerial slots, bank loans and other concessions.

Muhammad Rafiq Tarar elected as President [1998]

Muhammad Rafiq Tarar, a former Judge of the Supreme Court and a Senator, was elected as the ninth President of Pakistan. He took oath to his office on January 1, 1998.
The office of the President had become vacant after the resignation of President Leghari on December 2, 1997. The Pakistan Muslim League had a two-third majority in the Parliament and some Provincial Assemblies and therefore was in a position to have its candidate elected as the head of State. The Nawaz Government nominated Muhammad Rafiq Tarar, a 68-year old former Judge of the Supreme Court and a Senator, as their presidential candidate.
The nomination of Muhammad Rafiq Tarar was, however, criticized by the opposition parties and newspapers because the nominated President was from Lahore, which was also the hometown of the Prime Minister. Many that felt that, since the Prime Minister was from Punjab, the President should be from a smaller province to prevent the possibility of a sense of deprivation among the smaller federating units, and to avoid the concentration of the main Government offices in one province.
The election of the President was held on December 31, 1997. The President was to be indirectly elected by the two houses of Parliament, the National Assembly and the Senate, and the four Provincial Assemblies. As the ruling party, Pakistan Muslim League dominated most of the six voting groups; Muhammad Rafiq Tarar was comfortably elected President by securing 374 out of 457 votes of the Electoral College. His rivals, Pakistan Peoples Party's Aftab Shahban Mirani and Jamiyat-i-Ulema-i-Islam's Maulana Muhammad Khan Shirani, ended up only with 31 and 22 votes, respectively. Never before had a President received such overwhelming support from the elected representatives of the people of Pakistan.
Rafiq Tarar seemed to be an unassuming and ceremonial President with a low profile, who kept away from the press. Immediately after taking over, he declared that from then onwards, the Presidency would not work in conspiring against the elected Government. He said that he would confine himself to powers available to him under the Constitution and would not aspire for anything more. He honored his word, and unlike the precedent set by his predecessors, he didn't criticize any Government policy.
After overthrowing the Nawaz Government, the military authorities did not retain Rafiq Tarar as the President till his full term of five years. He was removed by the Chief Executive General Pervez Musharraf on June 20, 2001, who himself took over the office of the President of Pakistan.
Being associated with the Judiciary, Muhammad Rafiq Tarar was not a politician of any standing but he was, however, noted for his honesty, loyalty, devotion to justice and a firm, religious faith in Islam.

Pakistan: A Nuclear Power [May 28, 1998]

On May 28, 1998, Pakistan became a nuclear power when it successfully carried out five nuclear tests at Chaghi, in the province of Baluchistan. This was in direct response to five nuclear explosions by India, just two weeks earlier.
Widely criticized by the international community, Pakistan maintains that its nuclear program is for self-defense, as deterrence against nuclear India. A former Prime Minister of Pakistan, Zulfiqar Ali Bhutto, offered justification for Pakistan's nuclear program when he said that if India were to produce a bomb, Pakistan would do anything it could to get one of its own. It has always been maintained by Pakistan that a nuclear threat posed to its security can neither be met with conventional means of defense, nor by external security guarantees.
India had already posed a nuclear threat against Pakistan ever since it tested a nuclear device in May 1974. At that time Pakistan had no nuclear weapons. India maintained that its nuclear program was based on their requirement to have a minimum nuclear deterrence, and that it was not against any specific country.
After the tit-for-tat nuclear explosions, the United Nations Security Council unanimously passed a resolution urging India and Pakistan to halt their nuclear weapons programs. The United States and other Western states imposed economic sanctions against both the countries. The U. N. Secretary General, Kofi Annan, urged both the countries to sign the Comprehensive Test Ban Treaty, which Pakistan agreed to sign if India did the same.
After the tests, both sides declared that they had completed their series of nuclear testing and both announced a moratorium on future testing. Pakistan announced the moratorium on June 11, 1998, and offered to join in new peace talks with India. Even long before these tests, Pakistan has time and again proposed for a nuclear weapon-free zone in South East Asia.

The Lahore Declaration [1999]

In order to normalize relations between India and Pakistan, Nawaz Sharif undertook a major initiative in February 1999. This initiative culminated in a visit by the Indian Prime Minister Atal Behari Vajpayee to Lahore via bus, across the Wagah border, in 1999. Nawaz Sharif met him at the Wagah border and a joint communique, known as the "Lahore Declaration", was signed between the two leaders.

This declaration spelled out various steps to be taken by the two countries towards normalization of relations between them. Except for the Jamaat-i-Islami, the visit was not opposed by any political or social element in Pakistan. The Pakistani people welcomed this move by the Nawaz Government to normalize relations with India.

The Kargil Offensive [1999]

One dispute that remains unresolved in United Nations forum is the over 50-year-old Kashmir dispute between India and Pakistan. This disputed State of Jammu and Kashmir has been a continuous flash point and the cause of two wars (1948 and 1965) between the two countries. In the last few years, and particularly during the 1990s, the issue of Kashmir has been brought to the forefront of the world agenda by the struggle of the Kashmiri freedom fighters fighting in Indian occupied Kashmir. This freedom struggle against the brute Indian force, now in excess of 700,000 troops, demands the fulfillment of U. N. Resolutions and of Indian commitments to give them the opportunity to decide their political future through a fair and free plebiscite. This plebiscite to be held under U. N. auspices was mandated by the U. N. Security Council Resolutions of August 13, 1948, and January 05, 1949.
The freedom struggle gained further momentum in 1999 when the freedom fighters, in probably the most brilliant and courageous maneuver in modern military history, made high-altitude conquests in their territory. They captured high ground of a 140 kilometers long stretch of 4,500 meters high mountain ridges, near the strategic Indian-held garrison towns of Kargil and Drass. These towns lie on the only usable road between Srinagar, capital of Indian-occupied Kashmir, and the East. This threatened India's main supply route to its forces on the Chinese border.
The occupation by the Kashmiri freedom fighters came as a "Spring Surprise" to the Indian patrols. During the winter freeze, the area is abandoned by Indian patrols and isolated from the rest of Indian occupied Kashmir. In the beginning of May 1999, when the Indian forces returned to the mountains, they were surprised to find around 600 Kashmiri freedom fighters, occupying a territory 5 kilometers inside Indian occupied Kashmir. India alleged that these "militants" were sponsored by Pakistan, and that these militants crossed the provisional borderline, the "Line of Control", in an attempt to alter the de facto border by force.
The Government of Pakistan stated that it was not involved in any way and clarified that it is only the moral, diplomatic and political support that the Government of Pakistan continues to extend to Kashmiri freedom fighters for their cause of self-determination. It further clarified that the heights near Kargil were occupied by indigenous Kashmiri freedom fighters.
On May 26, 1999, India resorted to air strikes to drive out the freedom fighters. During this episode, two Indian aircraft entered the territory of Pakistan, one of which was shot down. The situation across the Line of Control became tense and several innocent civilians became the targets of indiscriminate Indian shelling. The conflict posed a threat to the region of South Asia.
The international community was concerned about the escalation of the conflict between the two newly declared nuclear powers, India and Pakistan. Talks, however, resumed between India and Pakistan in the summer of 1999 and efforts were made to resolve the crises. International intervention, most notably from the President of United States, Bill Clinton, persuaded Pakistan to use its influence on the freedom fighters to avert a full-scale war with India.
The freedom fighters vacated the captured territory by August, 1999.

Military Comes to Power Again [Oct 12, 1999]

On October 12, 1999, the Pakistan Army once again ousted the Civilian Government. At that time Prime Minister Mian Muhammad Nawaz Sharif headed the Government. The coup immediately followed the premier’s attempt to replace the Army Chief while he was on a tour to Sri Lanka. After two days of chilling uncertainty, Chief of Army Staff General Pervez Musharraf assumed the title of Chief Executive. Although the use of the term "Martial Law" was avoided, Pakistan once again came under military rule. It was claimed that the Army was forced to take this step to save the country from "turmoil and uncertainty".
The Supreme Court, in a ruling on May 12, 2000, accepted that a constitutional deviation had taken place in pursuit of rather noble objectives, such as economic reforms and bringing to book the corrupt politicians, bureaucrats and businessmen. The 12 judges based their ruling on the principle of "salus po puli ex supreme lex", meaning that the welfare of the people is the supreme law of any land. The court took the view that there was no other way to remove a corrupt Government except through the intervention of the armed forces. The Supreme Court also directed General Musharraf to hold general elections within three years.

After the military takeover, the former Prime Minister Nawaz Sharif, Shahbaz Sharif (his brother and former Chief Minister of Punjab) and five other officials were booked on charges of hijacking, kidnapping and attempted murder in the "Plane Conspiracy" case. The prosecution's case was based on a police report filed by an Army Colonel. Nawaz Sharif, in his capacity as Prime Minster, was accused of giving orders to the Civil Aviation Authority to prevent a Colombo-Karachi Pakistan International Airlines commercial flight, with Musharraf on board, from landing at Karachi or anywhere else in Pakistan. He was to face a charge of attempted murder endangering the lives of General Pervez Musharraf and 200 other passengers on board by disallowing the plane to land when its fuel was at a low level. The case was tried by an anti-terrorism court in Karachi, ironically established by Nawaz Sharif himself, which sentenced him to life imprisonment. In their appeal to the High Court, Mr. Sharif's lawyers maintained that no charge of corruption was proved against the former Prime Minister, and that it was the Prime Minster's constitutional right to remove the Army Chief.
Later on, Mr. Nawaz Sharif was, however, pardoned and exiled by the military government to Saudi Arabia on conditions that he would forfeit Rupees 500 million (equivalent to roughly US$ 8 million) in property and stay out of politics for the next 21 years.

Pervez Musharraf Becomes President [June, 2001]

General Pervez Musharraf while he was also Chief Executive took over the office of the President of Pakistan on June 20, 2001, under the Provincial Constitutional Order (PCO) by removing Rafiq Tarar before he was allowed to complete his five-years tenure. With immediate effect he dissolved the suspended Senate, National and Provincial Assemblies and dismissed the Chairman of the Senate and the Speaker of the National Assembly. After assuming the new office as President, General Pervez Musharraf announced, "The change will augur well for the future of Pakistan"; and said, "I think I have a role to play; I have a job to do here; I cannot and will not let this nation down". He gave three reasons for taking over as the President of Pakistan: constitutional, political, and economic.
The critical moment in General Musharraf's presidency was 9/11, when Washington suddenly and direly needed his support the international antiterrorism campaign and to crush the Taliban in Afghanistan. Thus he became a pivotal player on the world stage and a close ally welcomed in Washington and London alike as a statesman of international standing. General Musharraf did his best to highlight the core issue of Kashmir at every international forum. In July 2001, he held his first summit meeting with Indian Prime Minister Atal Behari Vajpayee at Agra but couldn’t make much headway in solving the Kashmir problem. Due to his consecutive efforts, however, a lot of tension between the two neighboring countries with nuclear-armed rivalry has been eased as they have restored diplomatic relations and started to build up warming ties mutually by means of confidence building measures. General Musharraf has given a new formula for solving the protracted dispute of Kashmir. After the Taliban were ousted, he offered all possible help to the new government.
President General Musharraf kept his word to restore democracy and hold elections in October 2002 as mandated by the Supreme Court. He gratified the nation when after general elections, Pakistan's National Assembly and Senate in November 2002 met for the first time since the coup three years earlier. He also relinquished the post of Chief Executive when Zafaullah Khan Jamali became Prime Minister of Pakistan in November 2002. President Musharraf, however, continues to hold the offices of Chief of Army Staff, and Chief of the Staff Committee. The opposition parties refused to accept Framework Order (LFO) 2002 as it empowered the President to sack the prime minister, dissolve parliament and also recognize him as both head of the army and head of the state. According to the opposition the provisions of the LFO were unconstitutional and illegal, and against the sovereignty of the Parliament. As a result, the business of parliament remained in deadlock for a year. In December, 2003 as part of a deal with MMA (Muttahida Majlis-e-Amal) to end the stand-off, General Musharraf agreed that he would step down as military head of the country on December 31, 2004 and also give up some of the powers he assumed after the coup while on January 1,2004. After getting vote of confidence from parliament and the four provincial assemblies, President Pervez Musharraf would now serve full five-year term as President till 2007 under the constitutional provisions after the seventeenth amendment was passed by a two-third majority of the Parliament. He secured 658 votes (56.23 per cent) with simple majority from a total of 1,170 members of parliament and the four assemblies amid MMA abstention and opposition boycott.
President Musharraf presents to the world vision of a modern, tolerant, democratic, Islamic Pakistan and favors economic reforms and free trade with the West. He has also played a vital role in negotiating an economic package to assist Pakistan out of its problems.

Agra Summit

A historic summit meeting was held between Pakistan's President Pervez Musharraf and the Indian Prime Minister Atal Behari Vajpayee in Agra, from July 14 to 16, 2001. The summit started amid high hopes of resolving various disputes between the two countries including the five decades’ old Kashmir issue. Both sides started the summit with hopefulness and in a spirit of good will; especially President Musharraf used the phrases "cautious optimism", "flexibility" and "open mind" to describe his buoyant views for the summit. The Indian President also promised to take "bold and innovative" measures and to discuss the "core issue" between the two countries.

Various rounds of one-to-one talks were held between President Musharraf and Prime Minster Vajpayee. On the first day, a 90-minute one-on-one session was held between the two leaders. The Kashmir issue, cross-border terrorism, nuclear risk reduction, release of prisoners of war, and commercial ties were discussed. The talks went in the right direction and were declared by both the leaders as "positive, frank and constructive". There were hopes that both the leaders would arrive at an agreement and a joint statement or declaration would be made at the end of the summit as the two leaders plunged into serious talks.
Despite reservations from the Indian Government, President Musharraf also held face-to-face meetings with the top Kashmiri leadership represented by the All Parties Hurriyat Conference.
The two-day Agra summit between President Pervez Musharraf and Prime Minister Atal Behari Vajpayee, however, collapsed and no formal agreement could be attained. The two sides remained inflexible on the core issue of Kashmir, despite five long and arduous one-to-one rounds between the two leaders and hours of discussion between the two delegations. Despite the failure of the talks, General Pervez Musharraf joined Vajpayee to call on the two countries to bury their past. He also invited the Indian Prime Minister to visit Pakistan as he felt that the issues between Pakistan and India were much more complicated and could not be resolved in a short time.

Local Government System [2001]

In order to establish democracy at grassroots level, the regime of General Pervez Musharaf, introduced the Local Government System. This was not a new experiment in Pakistan. Ayub Khan had undertaken a similar effort in this direction by introducing the Basic Democracy System.
This new system of Local Government was installed on August 14, 2001, after holding of elections. Direct elections on non-party basis were held in five phases for members of Union Councils, Union Nazims, and Naib Union Nazims during 2000 thru to 2001. On the basis of these direct elections, indirect elections were held in July-August 2001 for Zila Nazims and Naib Zila Nazims and also for Tehsil-Town Nazims and Naib Nazims. In order to attract people towards electoral politics, the minimum age for local government elections was lowered from 21 to 18 years. One-third seats were reserved for women.
The main purpose of introducing the Local Government System was to empower the people at the grassroots level and to transfer power from the elite to the masses. This system of grassroots democracy envisaged yielding new political leaders. It was also anticipated to solve people's problems at local level, allow public participation in decision-making and ensure the provision of speedy justice. The essence of this system was that the Local Governments would be accountable to the citizens for all their decisions. It would enable the proactive elements of society to participate in community work, development related activities and would remove rural-urban divide. The new Local Government plan was an effort on the part of the Military Government to lay the foundations of an authentic and enduring democracy.
The new System provided a three-tier Local Government structure:
1. The District Government
2. The Tehsil Government
3. The Union Administration
The District Government
The District Government consisted of the Zila Nazim and District Administration. The District Administration consisted of district offices including sub-offices at Tehsil level, who were to be responsible to the District Nazim assisted by the District Coordination Officer. The District Coordination Officer was appointed by the Provincial Government and was the coordinating head of the District Administration. The Zila Nazim was accountable to the people through the elected members of the Zila Council. A Zila Council consisted of all Union Nazims in the District, which consisted of members elected on the reserved seats. These seats were reserved for women, peasants, workers, and minority community. The Zila Council had its Secretariat under the Naib Zila Nazim and had a separate budget allocation. Adequate checks and balances were introduced in the System.
The new System also efficiently addressed the specific needs and problems of large cities. The District Government was responsible to the people and the Provincial Government for improvement of governance and delivery of services.
Tehsil Administration
The middle tier, the Tehsil, had Tehsil Municipal Administration headed by the Tehsil Nazim. Tehsil Municipal Administration consisted of a Tehsil Nazim, Tehsil Municipal Officer, Tehsil Officers, Chief Officers and other officials of the Local Council Service and officials of the offices entrusted to the Tehsil Municipal Administration. The Tehsil Municipal Administration was entrusted with the functions of administration, finances, and management of the offices of Local Government and Rural Development, and numerous other subjects at the regional, Divisional, District, Tehsil and lower levels.
Union Administration
The lowest tier, the Union Administration was a corporate body covering the rural as well as urban areas across the whole District. It consisted of Union Nazim, Naib Union Nazim and three Union Secretaries and other auxiliary staff. The Union Nazim was the head of the Union Administration and the Naib Union Nazim acted as deputy to the Union Nazim during his temporary absence. The Union Secretaries coordinated and facilitated in community development, functioning of the Union Committees and delivery of municipal services under the supervision of Union Nazim.
The Government allocated Rupees 32 billion to the Local Government in 2002. The funds were deposited in the account of the District Government. The District Government further distributed these funds to Tehsil and Unions. In addition to the fiscal transfers from the Province, the Local Governments were authorized to generate money from their own sources by levying certain taxes, fees, user charges, etc.
It is, however, pertinent to make a special mention that it is only in the absence of elected assemblies that local governments are the popularly elected bodies and play important political and developmental roles. After the election of Senators and members of the provincial and national assemblies, its role has been again substantially marginalized. The elected representatives of National and Provincial Assemblies usually take over some functions, which local governments used to perform and as such in many ways they are prone to intervene in the evolution of proper and improved Local government.
Local governments suffer from the fact that their existence is not constitutionally ordained and they are a mere extension of the provincial government. In the Constitution, the allocations of the functions of the federal and provincial governments are clearly specified whereas the existence of local government is not formally embodied in the Constitution. Moreover, financial, technical, and bureaucratic constraints plus limited revenue (merely 5 per cent of revenue generated by the government) cause the poor and almost non-existent local government for most of the time.

September Eleven 9/11 and Its Aftermath [2001]

On September 11, 2001, with the collapse of the World Trade Center started what the U.S. called "the war against terrorism". U.S. President George Bush termed it an act of terrorism and threatened strong action against the people who had carried out the attack. It was the Taliban and the Saudi millionaire-turned-militant Osama bin Laden who were eventually held responsible for it. President Bush said that the U.S. would do "whatever it takes" to hunt down "terrorists" and that if Osama bin Laden thought he could hide, "he was mistaken".
Pakistan became the center of world attention after the September 11 attacks. It was placed in a difficult situation as the U.S. threatened to carry out military strikes on the Taliban. Faced not only with international pressure to take part in curbing the war on terrorism, but also a strong domestic pressure not to side with the United States against an Islamic country, Pakistan sought to assume a delicate balance between the U. S. demands and an expected backlash from internal militant and religious organizations.
General Musharraf made efforts to persuade the country's political and religious leadership to support an alliance with the United States but was partially successful in his efforts. Liberal-minded politicians agreed to fully back the government while leaders of some hard-line Islamic parties were not happy. Several groups threatened to start a countrywide uprising in protest against any U.S. attack on the Taliban. All the religious parties and various political parties like the Jamiyat-i-Ulema-i-Islam, Jamaat-i-Islami, Pakistan Tehrik-i-Insaaf, shared the same opinion on the possible US military action against the Taliban regime and use of Pakistani soil. They were not only against attacking Afghanistan from Pakistan soil, but were also against offending Pakistan's closest brotherly neighbor, whom Pakistan had supported against the Soviet Union at the cost of burdening itself with a large number of refugees.
Pakistan was faced with a tough choice and irresistible pressure from the United States, an old ally and sole super power, to support a military strike against Osama bin Laden. That pressure, however, was combined with extreme reluctance to abandon Afghanistan's ruling Taliban, an old friend and neighbor. Pakistan in this difficult situation was left with actually little choice except to comply with U.S. demands. The Government, despite the protest of the religious parties, decided to cooperate with the U.S. However, it made it very clear that Pakistan would extend full cooperation to the international community in its fight against terrorism without involving its forces in any action beyond its geographical boundaries. The U.S. was given permission to make use of Pakistani airspace for U.S. missile or aerial strikes against targets in Afghanistan. Pakistan also agreed to the exchange of intelligence and logistic facilities and to the closing of Pakistan's border with Afghanistan.
US attack against the ruling Taliban started almost a month after the September 11 attacks as the Afghan Government refused to meet American demands of closing alleged terrorist training camps, handing over the leaders of the Al-Qaeda network, and return of all foreign nationals, including American citizens detained in Afghanistan.
As U.S. bombing on Afghanistan started, it was however forecasted on the bases of the Afghan resistance to the Soviets and all previous invaders since Alexander, that the Taliban would never give up their arms. The Americans would have to engage in a long, bloody, guerrilla warfare that would take months, if not years, to yield results. Snow would come and make fighting impossible. Further, sympathetic Muslim sentiment would topple the Musharraf regime and threaten others. It didn't happen that way; history did not repeat itself. The Americans and their coalition partners carried out extensive aerial bombardment of Afghanistan that led to the killing of large number of innocent civilians and to the takeover of the Taliban strongholds one after another. The Taliban regime was toppled and a transitional government of Taliban opposition was installed in its place.
Pakistan was once again faced with the refugee problem in the wake of U.S. military action in Afghanistan. Thousands of Afghans fleeing their country rushed to the Pak-Afghan border. The Government of Pakistan, already bearing the burden of millions of Afghan refugees, deployed additional forces to prevent the entry of displaced people into Pakistan. In spite of the fact that the borders remained closed, some 10,000 people or more crossed at various border points from Afghanistan into Pakistan, further increasing the number of refugees.
After the aerial offense, the ground offensive eventually started to oust the number of Taliban left in Afghanistan. The U.S. continues to focus on tracking down the remaining Al-Qaeda and Taliban leaders in Afghanistan. This means that the U.S. will maintain a significant military force and continue to play a role in the region in the future.
Pakistan once again supported its old ally, the United States, in its military action against Osama bin Laden at the cost of forsaking its old friend and neighbor, the Taliban. But the question whether the American government abandons or continues to support Pakistan after it achieves its objectives still remains to be answered.

Referendum 2002

After General Pervez Musharraf sacked the civilian Government headed by Prime Minister Mian Muhammad Nawaz Sharif on October 12, 1999, he had assumed the title of Chief Executive. It was claimed that the Army was forced to take this step to save the country from "turmoil and uncertainty". The General later on also ousted President Rafiq Tarar and himself became the President of Pakistan. After becoming the President, he reiterated his stance of holding elections as prescheduled by his Government in October 2002. But before the general elections, a referendum was held on April 30, 2002 for General Pervez Musharraf to be elected as the President of Pakistan for another five years.
The basic reason for holding the referendum was that the General wanted to abide by democratic principles and establish legitimacy for his rule though in the Constitution there was no provision to become President through referendum. According to the General, he wanted to stay as President in order to continue the economic recovery, ensure social stability, to counter unnamed destabilizing influences, and to eventually return to "true democracy". The Opposition parties opposed the referendum. A 15-party Alliance for the Restoration of Democracy was set up, including Pakistan's two main political parties, the Pakistan Peoples Party and the Pakistan Muslim League. The alliance considered President Musharraf's decision as unconstitutional and announced peaceful rallies to oppose it. They called for a boycott of the voting.
The referendum took place on April 30, 2002, with no competition and no option but to vote for General Musharraf. The referendum question put forward to the people was: "For the survival of the local government system, establishment of democracy, continuity of reforms, end to sectarianism and extremism, and to fulfill the vision of Quaid-i-Azam, would you like to elect President General Pervez Musharraf as President of Pakistan for five years?"
According to the Government there were 78 million eligible voters. Eighty seven thousand polling stations were set up, including booths set up at prisons, hospitals, petrol stations, workplaces, and markets. However, there were no voter lists or constituencies, and anyone who could prove his identity and age could vote at any polling station. According to the Government estimate, around 98 percent of the counted votes backed General Musharraf continuing in office and the turnout of the referendum was said to be around 70 percent.
The referendum result was quite a big question mark. Politicians and political analysts considered the referendum to be unconstitutional, as under the Constitution, the President could be chosen not via direct vote, but by the elected members of the National Assembly, Provincial Assemblies and the Senate. The Opposition claimed that not more than 5 percent of the electorate bothered to vote, implying that President Musharraf did not have popular support. Pakistan's Human Rights Commission also gave reports of some flagrant abuses, with few instances of multiple voting, and pressure on state employees to cast their votes.
However, the referendum certified the continuation of President General Pervez Musharraf's rule for another five years, with him claim to have the popular mandate to govern and to carry on with his economic and political reforms.

Legal Framework Order 2002

On August 24, 2002, Chief Executive General Musharraf issued the Legal Framework Order 2002, announcing general elections for the National and Provincial Assemblies to be held in October 2002. Constitutional Provisions were amended for smooth and orderly transition of power from the Chief Executive to the newly elected Prime Minister after the elections.
The main text of the L. F. O. 2002 stated as follows:
It has been specified that it will come into force henceforth and in the first meetings of National Assembly, Senate and Provincial Assemblies and that if any necessity arises for any further amendment of the Constitution or there is any difficulty in giving effect to any of the provisions of this Order, the Chief Executive will have the discretionary power to make provisions and pass orders for amending the Constitution or for removing any difficulty. It has been further asserted that the validity of any provision made, or orders passed, under clauses (1) and (2) shall not be called in question in any court on any ground whatsoever. The main points of L. F. O. 2002 may be summed up as below:
i) Every political party shall, subject to law, hold intra-party elections to elect its office-bearers and party leaders.
ii) Having received the democratic mandate to serve the nation as President of Pakistan for a period of five years, the Chief Executive on relinquishing the office of the C. E., shall assume the office of President of Pakistan forthwith and hold office for a term of five years under the Constitution, and Article 44 and other provisions of the Constitution shall apply accordingly.
iii) There shall be 342 seats of the members in the National Assembly, including seats reserved for women and non-Muslims.
iv) The seats in the National Assembly are allocated to each Province, the Federally Administered Tribal Areas and the Federal Capital as under:
- Balochistan: General 14, Women 3, Total 17
- N. W. F. P.: General 35, Women 8, Total 43
- Punjab: General 148, Women 35, Total 183
- Sindh: General 61, Women 14, Total 75
- F. A. T. A.: General 12, Women 0, Total 12
- Federal Capital: General 2, Women 0, Total 2
- Total: General 272, Women 60, Total 332
v) In addition to the number of seats referred to in clause (iv), there shall be, in the National Assembly, ten seats reserved for non-Muslims.
vi) Members to the seats reserved for non-Muslims shall be elected in accordance with law through proportional representation system of political parties' lists of candidates on the basis of total number of general seats won by each political party in the National Assembly. A political party securing less than five per centum of the total number of seats in the National Assembly shall not be entitled to any seat reserved for women or non-Muslims.
vii) If any question arises whether a member of the Parliament is disqualified from being a member, the Speaker or, as the case may be, the Chairman shall, within 30 days, refer the question to the Chief Election Commissioner who shall give his decision thereon not later than three months from its receipt by the Chief Election Commissioner.
viii) If a member of a Parliamentary Party resigns from membership of his political party or joins another; or votes or abstains from voting in the House contrary to any direction issued by the Parliamentary Party to which he belongs concerning election of the Prime Minister or the Chief Minister; a vote of confidence or no-confidence; or a Money Bill, he may be declared in writing by the Head of the Parliamentary Party to have defected from the political party. The Head of the Parliamentary Party shall forward a copy of the declaration to the Presiding Officer, and a copy thereof to the member concerned.
ix) A member of a House shall be deemed to be a member of a Parliamentary Party if he having been elected as a candidate or nominee of a political party constituting the Parliamentary Party in the House or, having been elected otherwise than as a candidate or nominee of a political party, has become a member of such Parliamentary Party after such election by means of a declaration in writing.
x) With an addition of "a situation has arisen in which the Government of the Federation cannot be carried on in accordance with the provisions of the Constitution and an appeal to the electorate is necessary", the clause 58 is revived.
xi) Where a Bill is referred to the Mediation Committee, it shall, within 90 days, formulate an agreed Bill likely to be passed by both Houses of the Parliament and place the agreed Bill separately before each House. If both the Houses pass the Bill, it shall be presented to the President for assent.
xii) All decisions of the Mediation Committee shall be made by a majority of the total number of members of each House in the Committee.
xiii) The President may, in consultation with the Speaker of the National Assembly and Chairman of the Senate, make rules for conduct of business of the Mediation Committee.
xiv) With an insertion of a new article 152A, there shall be a National Security Council whose chairman shall be the President in order to serve as a forum for consultation on strategic matters pertaining to the sovereignty, integrity and security of the State, and the matters relating to democracy, governance and inter-provincial harmony. Other members of N. S. C. shall be the Prime Minister, the Chairman of the Senate, the Speaker of the National Assembly, the Leader of the Opposition in the National Assembly, the Chief Ministers of the Provinces, the Chairman Joint Chiefs of Staff Committee, and the Chiefs of Staff of the Pakistan Army, Pakistan Navy and Pakistan Air Force. Meetings of the National Security Council may be convened by the President either in his discretion, or on the advice of the Prime Minister, or when requested by any other of its members, within the time frame indicated by him.
xv) On dissolution of an Assembly under article 58-2 (b) or, on completion of its term, the President, in his discretion, or, as the case may be, the Governor, in his discretion but with the previous approval of the President, shall appoint a caretaker Cabinet. When a caretaker Cabinet is appointed, on dissolution of the National Assembly under Article 58 or a Provincial Assembly under Article 112, or on dissolution of any such Assembly on completion of its term, the Prime Minister or, as the case may be, the Chief Minister of the caretaker Cabinet shall not be eligible to contest the immediately following election of such Assembly.
xvi) The Proclamation of Emergency of the 14th October, 1999, all President's Orders, Ordinances, Chief Executive's Orders, including the P. C. O. No. 1 of 1999, the Oath of Office (Judges) Order 2000, the Referendum Order 2002 (Chief Executive's Order No. 12 of 2002), and all other laws made between the October 12, 1999 and the date on which this Article comes into force, are hereby affirmed, adopted and declared notwithstanding any judgment of any court, to have been validly made by competent authority and notwithstanding anything contained in the Constitution shall not be called in question in any court on any ground whatsoever.
xvii) All Proclamations, President's Orders, Ordinances, Chief Executive's Orders, laws, regulations, enactments, notifications, rules, orders or bye-laws in force immediately before the date on which this Article comes into force shall continue in force until altered, repealed or amended by competent authority.
Through L. F. O. 2000, the President and Chief Executive revived the Constitution of Pakistan, except a few articles pertaining to the Provincial Governments and the Senate of Pakistan, etc., with effect from 16th November, 2002, which are to be restored later. Those parts of the Constitution which are restored include "Preamble, Article 1 to 58 (both inclusive), Article 64 to 100 (both inclusive), Annex, insertion of Article 152A and the schedule to the Constitution".
Some of the immediate implications of the L. F. O. 2000 are:
a) L. F. O. 2000 has been sanctified by postulating that no body can challenge it in any court of law "on any ground whatsoever."
b) It is now assumed to be an integral part of the Constitution and there is no imperative left for the newly and duly elected National Assembly but to accept it willingly or unwillingly. The present Parliament is quite unable to reverse or do away with any of the Amendments, especially the one relating to the National Security Council. The Prime Minister and the whole Parliament are at the will of the President for their survival.
c) Many believe that the L. F. O. 2000 has been enforced without any regard for the Constitutional and democratic norms and proprieties. By terminating the Thirteenth Amendment that was not passed by two-third majority but a unanimous vote of the Parliament, the President has again been authorized to enjoy the power of dismissing the Prime Minister along with his Cabinet and the Parliament.
d) With the adoption of the Legal Framework Order 2002, Pakistan has virtually advanced from the parliamentary form of government to the presidential system. The Article 58-2 (b) clause has been revived and the insertion of the new clause 152A has created the National Security Council.
e) Though the function of National Security Council and the clause 58-2 (b) is to provide a system of checks-and-balances, there are some issues to consider. In case of a confrontation between the President and the Prime Minister, the majority of votes in the National Security Council will automatically go in favor of the President who can thus easily remove the Prime Minister, putting the Parliamentary form of government once again in jeopardy.
f) With a radically altered Constitutional Framework, in whose making the people of Pakistan have had no say, the sovereignty of the Parliament has been severely crippled.
g) Although the Article 58-2 (b) does not specifically mention the President as having the power to sack the Prime Minister, the dissolution of the Assembly automatically makes the Prime Minister go. As the recent past shows, this clause was misused by three Presidents to remove Prime Ministers for purely political reasons, even though the Constitution authorized the President to take such a drastic step only after it had become clear that "a situation had arisen in which the government of the federation cannot be carried on in accordance with the provisions of the Constitution." There is no doubt that every future Prime Minister will have to work under the constraints of 58-2 (b) at all times.
The only way to constitutionally amend the Constitution is through the Article 239, which lays down the following procedure:
"A bill to amend the Constitution may originate in either House (National Assembly or the Senate) and, when the bill is passed by the votes of not less than two-thirds of the total membership of the House, it shall be transmitted to the other House." As such, it is still considered by the Constitutional experts that General Musharraf requires two-thirds majority to have his Constitutional Amendments or L. F. O. 2000 validated. In addition, the legal position of General Musharraf is also not in accordance with the Constitution of Pakistan for it does not recognize a uniformed Army Chief as the Head of State. Under the Constitution of 1973, only a majority vote in National Assembly, Senate, and four Provincial Assemblies can elect a President.

General Elections 2002

After three years of military rule, Pakistan again headed towards democracy on October 10, 2002. More than 70 parties, big and small, contested the eighth national parliamentary election. The major parties contesting the elections were Peoples Party Parliamentarians, Pakistan Muslim League-Nawaz Group, Pakistan Muslim League-Quaid-i-Azam also called the "King's Party" for its unconditional support to the government, and the Muttahida Majlis-i-Amal (MMA), alliance of six religious political parties. Other known parties contesting at the national level included the six-party National Alliance led by former caretaker Prime Minister Ghulam Mustafa Jatoi, Imran Khan's Pakistan Tehrik-i-Insaaf and Tahir-ul-Qadri's Pakistan Awami Tehrik. Several regional parties, with strongholds in their own provinces included the Sindh-based Muttahida Qaumi Movement, Awami National Party, Jamhuri Watan Party, factions of Baluchistan National Movement and Pashtunkhwa Milli Awami Party.
The National and Provincial elections were held on the same day. More than 72 million registered voters aged 18 and above from a population of 140 million, elected members for the 342 National Assembly seats and 728 seats of the four Provincial Assemblies. A total of 2,098 candidates contested for 272 general seats of the National Assembly. The remaining 60 seats were reserved for women and 10 for non-Muslim minorities. These seats were to be allocated on the basis of proportional representation to parties bagging at least five per cent of the total general seats. In the Provincial Assemblies out of the full 371 seat Punjab Assembly, 66 were reserved for women and eight for minorities, in the 168 seat Sindh Assembly, 29 for women and nine for minorities, in the 124 seat N. W. F. P. Assembly, 22 for women and three for minorities, and the 65 seat Baluchistan Assembly, 11 for women and three for minorities.
Voting was carried out from 8 in the morning till 5 in the evening on some 65,000 polling stations having 164,718 polling booths across the country, with segregated voting booths for women. The elections were observed and monitored by hundreds of local and 300 international observers, including observers from European Union and the Commonwealth, as well as local rights group.
These elections were different from the previous ones due to the number of legislation passed by the Government. Convicted people were barred from taking part in elections under the Representation of the People's Act. Several other politicians were unable to contest the elections, as they did not have a Bachelor's Degree, which was a mandatory qualification in the elections. Pakistan's leading political personalities Benazir Bhutto of the P. P. P. and Nawaz Sharif of the Pakistan Muslim League-Nawaz Group were barred from standing in the elections under the new electoral laws. And for the first time since 1977, the minority communities that included Christians, Hindus and Parsees contested and voted for all general seats in the National and Provincial Assemblies. The age limit of voting in these elections was also lowered from 21 to 18 years.

The election results issued after inexplicable delay not only led to no major party having an overall majority in the new National Assembly, but also were surprising with an unexpectedly large number of seats won by the Islamic parties. The religious alliance known as Muttahida Majlis-i-Amal (MMA) secured 51 seats, emerging as the third largest party in the National Assembly elections after P. M. L. (Q) with 76 seats and PPPP with 62 seats. A total of 121 seats were won by three major anti-Government parties, including 62 seats by PPPP, 51 by MMA and the PML (N) won 14 seats. The Islamic parties, which previously had actually won fewer seats, came in strong this time by capitalizing on opposition to Pakistan's partnership with the United States in the bombing of Afghanistan and in the war against terrorism. The MMA got a clear-cut majority in NWFP and Baluchistan provinces where it easily formed a government on its own. In the rest of the Provincial Assemblies coalition governments were formed as no party had come in with a complete majority.

The elections had a low turnout of 20 to 25 percent as compared to 35.42 percent in 1997 general election. Despite government assurances that the elections would be fair, free and transparent, different political parties alleged that the elections were engineered and the government was involved in massive rigging. It was alleged that ballot engineering was behind the sluggish pace of announcements of the election results.
With no party emerging with a simple majority Pakistan faced menace of a hung parliament. A coalition government was, however, set up with Mir Zafarullah Khan Jamali, the candidate of PML (Q) as the Prime Minister of Pakistan with the help of MQM, a number of independent candidates and 10 members of the Pakistan Peoples Party Parliamentarians who defected from the party to form their own Forward Block.

Zafarullah Khan Jamali Becomes Prime Minister [2002]

Zafarullah Khan Jamali was elected the 21st Prime Minister of Pakistan by the newly elected Parliament on November 21, 2002. President General Pervez Musharraf administered the oath to the new Prime Minster at the Aiwan-i-Sadr on November 23. He now heads Pakistan's first civilian government after three years of military rule of General Pervez Musharraf.
The October elections resulted in a political deadlock as no party won with an overall majority. This led to the delay in the appointment of the Prime Minister. The President did not call the National Assembly session until the creation of PPP's forward bloc and the floor-crossing law was held in abeyance. Maulana Fazl-ur-Rehman of the Muttahida Majlis-i-Amal, Shah Mahmud Qureshi of the Pakistan Peoples Party Parliamentarians and Mir Zafarullah Khan Jamali of Pakistan Muslim League (Quaid-i-Azam) were the main contender for the seat of Prime Minister. Mir Zafarullah Khan Jamali won by securing 172 votes out of 329 votes, against 89 bagged by Maulana Fazl-ur-Rahman and 70 by Shah Mahmud Qureshi. Mir Zafarullah Khan Jamali was however, able to get the desired number of votes after 10 members of the Pakistan Peoples Party Parliamentarians defected from the party to form their own Forward Block in order to support Mir Zafarullah Khan Jamali.
Zafarullah Khan Jamali has promised to continue President Musharraf's economic and foreign policies, particularly in supporting the ongoing international war against terrorism. He reiterated Pakistan's support for the United States led war on terrorism and said "Pakistan has become a frontline state, and will remain one". Mir Zafarullah Khan Jamali in one of his first acts announced a 25-member Cabinet. The Cabinet includes four unelected advisers and several legislators who had defected from Pakistan Peoples Party. The PPPP dissidents for their critical support to Mir Zafarullah Khan Jamali's pro-Musharraf Pakistan Muslim League (Quaid-i-Azam) got the top slot ministries in the Government. Rao Sikandar and Makhdoom Faisal Saleh Hayat have been given the two most powerful Ministries of Defense and Interior. Out of the ten PPPP dissidents, six have been accommodated either as full or junior Ministers.
Mir Zafarullah Khan Jamali's Government faces tough challenges ahead. He not only faces a strong opposition in the National Assembly, but also has to keep his multi-party coalition together while sharing power with President Pervez Musharraf. The President still retains the ultimate power, with the authority to dissolve Parliament and sack the Prime Minister. On December 29, 2002, Mir Zaffarullah Khan Jamali won the vote of confidence of 188 members out of the 342-seat House.
Jamali, who had plunged into politics against a dictator when he campaigned for Mohtarma Fatima Jinnah in her presidential race against Pakistan's first dictator, Ayub Khan, is now working readily and steadily to run the Parliament as well as uphold the order of the President and the army in various areas. Jamali's clash with either president or Army will certainly cost his saddle like the late ex-Prime Minister Mohammad Khan Junejo. It is a tribute to his pleasing personality that even the main Opposition, i.e., MMA while sticking to its own political agenda, has pledged publicly not to destabilize his Government so that the democratic dispensation takes firm roots. His pledge not to take any major step without consulting the opposition and that his opponents would not be dragged in false cases has at length led to the strengthening and functioning of “sustainable of democracy”. Though Mir Zafarullah Khan Jamali who did bear confidence of the majority in the Parliament and tried to maintain amicable terms with the most powerful President as well as the Opposition with his traits of humility and decency, could not complete his five-year term and suddenly had to resign on June 26, 2004.

Seventeenth Amendment [2003]

Seventeenth Amendment is basically the Legal Framework Order 2002 that has been accepted as part of the Constitution with minor modifications and may be, therefore, termed as an LFO-amended Constitution. After a surprise deal between PML(Q) and MMA (Mutahida Majlis-e-Amal), the 17th Amendment has now become part of the 1973 Constitution after the formal approval of President General Pervez Musharraf. A year-old constitutional deadlock was broken only because of "flexibility" shown by President General Pervez Musharraf and top MMA leadership. The amendment allows General Pervez Musharraf to serve out his term as President, which ends in 2007, and formalize special powers he had decreed himself giving him the right to sack the prime minister and disband parliament by decree. In return, Musharraf agrees to step down as army chief, supposed to be the main source of his power, by December 31, 2004.
The seventeenth amendment now allows the provision for "vote of confidence for further affirmation of the president in office by majority of the members present and voting, by division or any other method as prescribed in the rules made by the federal government under clause (9), of the electoral college consisting of members of both Houses of Parliament and the provincial assemblies". Accordingly a vote of confidence was passed in favor of the President on January 1, 2004 by members of both National Assembly and the Senate. Despite the fact the MMA abstained from giving the vote of confidence to the President, it has indirectly accepted him as elected president by allowing vote of confidence from both houses of parliament and provincial assemblies.
Under the Article 58(2)(b), "the President in case of dissolution of the National Assembly shall, within fifteen days of the dissolution, refer the matter to the Supreme Court and the Supreme Court shall decide the reference within thirty days whose decision shall be final".
Likewise, under the Article 112, the governor in case of dissolution of the provisional assembly shall also refer the matter to the Supreme Court with the previous approval of the president and the Supreme Court shall decide the reference within thirty days whose decision shall be final.
Another amendment is the addition of the words "in consultation with the Prime Minister" in place of "in his discretion" in Article 243 of the Constitution giving the Prime Minister a constitutional say in the appointment of services chiefs. Article 152(A) of the Constitution has been omitted that related to the establishment of a National Security Council. The National Security Council may be, however, created with the passage of a bill with simple majority.
17th Amendment has amended Article 41(1)(7)(b) of the Constitution whereby Article 63(1)(d) of the Constitution has been made inoperative till December 31, 2004. Article 63(1)(d) deals with the disqualification for membership of Parliament and under Article 41(2) only a person qualified to be elected as member of the National Assembly, can be elected as President. This means that for the duration that that Article 63(1)(d) is inoperative, the President is not barred from being elected as the President while he holds the office of COAS. But it is interesting to note that the Article 43(1) of the Constitution still remains intact that says: “The President shall not hold office of profit in the service of Pakistan carrying the right to remuneration for the rendering of services,” Since no amendment has been made in this clause, the Article 43(1) disallows a person simultaneously to be the President and the COAS of the country.
The bill granted indemnity to all actions of President General Pervez Musharraf since military action of October 12, 1999 as according to the 270AA, the Parliament has "affirmed, adopted and declared to have been duly made by the competent authority … all laws made between October 12,1999 and the date on which the Article comes into force".
In the Article 179, retirement age of the Supreme Court judges has now been fixed at 65 year. This was a huge concern for the lawyers of the country who have at least welcomed this move.

Chaudhry Shujaat Hussain Becomes Prime Minister [2004]

Ch. Shujaat Hussain, who heads the ruling faction of the Pakistan Muslim League, PML (QA) took the post in a caretaker position on June 30, 2004 four days after Zafarullah Jamali resigned all of a sudden. Chaudhry Shujaat was elected leader of the house after securing 190 whereas his opponent ARD’s Makhdoom Amin Fahim got 76 votes. With a 27-member Cabinet, Ch. Shujaat Hussain announced after taking oath as Prime Minister of Pakistan: "We will continue to pursue the policies of the President with regard to good governance and economic development".
Prime Minister Ch. Shujaat Hussain announced formation of a special parliamentary committee to resolve Balochistan crisis by initiating political dialogue and giving representation all parliamentary parties of the upper House in the committee and offered to act as a member of the committee to resolve the problem through talks. Taking into consideration that "the success of the next government will be evaluated on its economic performance," he said this very thinking led the Pakistan Muslim League and its allied parties to select Finance Minister Shaukat Aziz as the next executive head of the country. In an interview, he said: "My nomination by Mir Zafarullah Khan Jamali and nomination of Shaukat Aziz after consulting the President were in line with the set traditions. There should be no hue and cry over such technicalities". Chaudhry Shujaat Hussain expressed gratitude to Almighty Allah for being the first elected Prime Minister in the country’s history to leave the office, after discharging his obligations (only for 45 days), with dignity and honor.
A notable contribution of the 22nd Prime Minister during his short tenure is the introduction of the Defamation (Amendment) Bill that was hurriedly passed by the Parliament to protect the dignity, reputation and esteem of a person from any false and wanton accusation imposing enhanced punishments for libel. Most probably through the new Defamation Bill, he wanted to save all those from being regularly accused of getting huge bank loans which were later on written off.
Ch. Shujaat Hussain also directed the Punjab Government to declare village Gah in District Chakwal — birthplace of Indian Prime Minister Manmohan Singh — as a model village and the Government Boys Primary School at Gah as the 'Manmohan Singh Government Boys Primary School', as a gesture of goodwill to strengthen the peace process between Pakistan and India. Dr. Singh's family migrated to the Indian side of Punjab before Partition. When he became Prime Minister in May, there were celebrations in the Pakistani village where he was born and attended the primary school.
Another significant announcement made by him was that the coffin of Chaudhry Rehmat Ali, who evolved the nomenclature 'Pakistan' before partition, will be brought to Pakistan later this year for a formal burial in Pakistan. Chaudhry Rehmat Ali who is well-known for his historic pamphlet "Now or Never; Are we to live or perish forever?" had died in February 1951 and was buried in Cambridge City graveyard. Later, he coined the word 'Pakistan' for the Muslims who lived in the five northern states of India - Punjab, North West Frontier (Afghan) Province, Kashmir, Sindh and Balochistan.

Shaukat Aziz Becomes Prime Minister [2004]

Shaukat Aziz became the 23rd Prime Minister of Pakistan on August 23, 2004 after he won two National Assembly seats from Attock and Tharparkar on August 18 by-elections and took oath as Member of National Assembly on August 20. He retained the Attock seat, he took over the charge of premiership of Pakistan from Chaudury Shujaat Hussain who remains the President of Muslim League (QA).
He was born in Karachi on March 6, 1949 and received his early education at Saint Patrick’s School, Karachi and Abbottabad Public School. He was awarded the Master of Business Administration (MBA) degree in 1969 at the Institute of Business Administration (IBA), Karachi. He joined the Citibank in 1969, Karachi and served overseas in 1975, holding higher positions in several countries including USA, UK, Malaysia, Singapore and Saudi Arabia. He was appointed Executive Vice President of Citibank in 1992 and till he joined the Government of Pakistan as Finance Minister in 1999. Well regarded by global financiers, Shaukat Aziz is, indeed, President Pervez Musharraf's choice for the top post.
Shaukat Aziz who has retained the Ministry of Finance is regarded as an optimist who is determined to use Pakistan's potential and bring Pakistan at par with other Asian countries like China, Thailand, Malaysia and other regional economic giants. He looks for a bright future for Pakistan if its human capital and resources are utilized positively. After taking oath as Member of the National Assembly, Shaukat Aziz has also declared that efforts would be made for provision of good governance, improvement in legal and police systems and provision of opportunities to the people, especially the common man. Analysts say his main duties as premier will be to improve the day-to-day running of the federal government and see that policies are more effectively executed. Many people attribute Pakistan’s economic revival to his prudent policies, while others claim it was the global situation that made it possible. Some others argue that his policies did more harm than good by marginalizing the common man as the poverty level failed to decline. It is, however, hoped that Mr. Aziz who is the choice of a section of Pakistan's rulers will win friends in the international financial institutions.
Although Shaukat Aziz is expected to come up with more concrete relief due to his finance management skill and stress on macroeconomics, Shaukat Aziz will have to take quick steps on the path of learning the intricacies of both the global and national politics. It is an area that is full of pitfalls and various blind alleys. No spiritual or political academy or any book is likely to give him readymade guidelines about unpredictable turns and situations likely to come his way. He is sure to succeed if he is convinced to apply the tricks of the "trade".

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